D'Eyncourt v Gregory
Statues, vases and stone garden seats that formed part of the architectural design of a house and its grounds were fixtures, even though they rested by their own weight.
Facts
Mr Tennyson D'Eyncourt was tenant for life of a mansion house, Bayons Manor, and its grounds. The house and gardens had been laid out to an architectural design that included marble statues, stone lions, vases and stone garden seats. Some of these objects rested by their own weight on the ground or on plinths and were not attached to the land at all. A dispute arose as to whether they passed with the land.
Legal principle
Lord Romilly MR held that the objects were fixtures. Although they were not physically attached, they were essential parts of the architectural design of the house and grounds, and they had been placed there to improve the land permanently as part of that design. The case shows that an object that rests by its own weight may still be a fixture if the purpose of placing it there was to make it part of the land.
Related cases on land, fixtures and chattels
- Berkley v Poulett (1976) 241 EG 911
- Bernstein of Leigh (Baron) v Skyviews & General Ltd [1978] QB 479
- Bocardo SA v Star Energy UK Onshore Ltd [2010] UKSC 35, [2011] 1 AC 380
- Botham v TSB Bank plc (1997) 73 P & CR D1
- Chelsea Yacht and Boat Co Ltd v Pope [2000] 1 WLR 1941
- Elitestone Ltd v Morris [1997] 1 WLR 687
- Hamp v Bygrave (1983) 266 EG 720
- Holland v Hodgson (1872) LR 7 CP 328
Studying land law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
