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The effect of expiry of s 92 Property Law Act.
A fixture is anything that was once personal property that has become affixed to the land as to become a part of the land and part of the real property.1 The essential question here is whether it has become so affixed to the land that it is part of the Equity Finance Limited security and has to remain on site with the expiry of s 92 Property Law Act 1952.
The starting point is the test set out in Holland v Hodgson (1872)2 where Blackburn J stated that if an article is attached by own weight than then it is not part of the land unless the circumstances are such to show it was intended to be part of the land, the prima facie finding is that it is a chattel...
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