Holland v Hodgson
| Jurisdiction | England & Wales |
| Court | Exchequer |
| Year | 1865 |
| Date | 1865 |
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80 cases
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Elitestone Ltd v Morris and Another
...they cease to be chattels when they were built into the composite structure? The answer to the question, as Blackburn J. pointed out in Holland v. Hodgson (1872) L.R. 7 C.P. 328, depends on the circumstances of each case, but mainly on two factors, the degree of annexation to the land, and ......
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Haydon-Baillie and Others v Bank Julius Baer & Company Ltd and Others
...annexation” depends upon the extent and also the purpose or object of the annexation. These matters were described by Blackburn J in Holland v Hodgson (1872) LR 7 CP 328 at 334 to 335, as follows: “There is no doubt that the general maxim of the law is, that what is annexed to the land bec......
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Chief Assessor & Comptroller of Property Tax v Van Ommeren Terminal (S) Pte Ltd
... ... The following often-cited observations of Blackburn J in Holland v Hodgson , at p 242 are pertinent: ... There is no doubt that the general maxim of law is that what is annexed to the land becomes part of ... ...
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6 firm's commentaries
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Fixtures and the Personal Properties Act 2009 (Cth) - Maintaining the status quo
...section 343 of the Personal Property Securities Act 2009 (Cth). 12In Latin, quicquid plantature solo, solo cedit. 13Holland v Hodgson (1872) LR 7 CP 328. 14It has been held that agreements between a fixture financier and a grantor/mortgagor should not be given any weight when determining wh......
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Fixtures and the Personal Property Securities Act: maintaining the status quo
...is currently no later than 30 January 2015: s 343 of the PPSA. 12 In Latin, quicquid plantature sofo, sofo cedit. 13 Holland v Hodgson (1872) LR 7 CP 328. 14 [14] It has been held that agreements between a fixture financier and a grantor/mortgagor should not be given any weight when determi......
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Retention Of Title: Taking Back What's Yours?
...a fixture or a chattel is on the party attempting to show it is the least likely of those two alternatives (see Holland v. Hodgeson (1872) L.R. 7 C.P.328). Generally, if an item is not annexed to land (i.e. it is attached only by its own weight), the onus is on the landowner to prove the it......
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Fixtures and the Personal Property Securities Act 2009 (Cth) - Fuzzy Logic?
...Insolvency Law Journal 180 in Commentary, above n102, 68 [8.10]. 63Quirk, above n50, 256; Stickley, above n61, 1; See Holland v Hodgson (1872) LR 7 CP 328 for an example of the concerns raised by the judiciary in relation to the degree of annexation test and Amanda Bull, 'Fixtures and the P......
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4 books & journal articles
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ADF Offensive Cyberspace Operations and Australian Domestic Law: Proprietary and Constitutional Implications
...v Dillon (1991) 171 CLR635.23. See, eg, Austr alian Provincial Assurance Co Ltd v Coroneo (1938) 38 SR (NSW) 700; Holland vHodgson (1872) LR 7 CP 328; Reid v Smith (1906) 3 CLR 656 and associated cases.24. CompuServe, 962 F Supp 1015 (SD Ohio, 1997).25. American Law Institute, Restatement (......
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Revenue and Tax Law
...this issue. The appellant had argued (see [45]—[47]) that the fixture test, based on the oft-cited English case of Holland v Hodgson(1872) LR 7 CP 328, would apply. In contrast, the Chief Assessor had argued (see [48]—[50]) that the enhancement test, based on certain English decisions inclu......
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Selected Judgments
...English law applied and there is no doubt that the authoritative statement on this matter is that of Blackburn J in Holland v Hodgson (1872) LR 7 CP 328. He stated that: “...the general maxim of the law is that what is annexed to the land becomes part of the land, but it is very difficult, ......
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Chattel houses and mobile homes; fixtures in Caribbean and Canadian Law
...intended to be part of the land, the onus of shewing that they were so intended lying on those who assert that they have ceased 8 (1872) L.R. 7 C.P. 328 (Ex.Ch.) at 334. Lord Blackburn's judgment is the classic statement of the law of fixtures and is cited throughout the Commonwealth. See a......
