Hamp v Bygrave

Garden ornaments such as stone urns, statues and a lead trough passed with the land because they were part of the garden's design, and the seller was in any event estopped from removing them.

Citation
(1983) 266 EG 720
Court
Queen's Bench Division
Year
1983
Subject
Land Law
Topic
Land, fixtures and chattels

Facts

The vendors of a house sold it to the purchasers. The garden contained a number of ornaments, including stone and lead statues, urns, troughs and a stone seat, some of which rested by their own weight on the ground. The vendors' estate agent's particulars included the ornaments, and the vendors had said that they would be included in the sale. Before completion, the vendors removed the ornaments, claiming that they were chattels.

Legal principle

The court held that the ornaments were fixtures and passed with the land. Although they were not physically attached in a substantial way, they formed part of the overall design of the garden and were placed there to improve the land as a garden. The court also held that the vendors were estopped from claiming that the ornaments were chattels, because they had represented to the purchasers that they were included in the sale, and the purchasers had relied on that representation.

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