Mew v Tristmire Ltd

Houseboats resting on wooden platforms in a harbour remained chattels, because they could be removed without being destroyed.

Citation
[2011] EWCA Civ 912, [2012] 1 WLR 852
Court
Court of Appeal (Civil Division)
Year
2011
Subject
Land Law
Topic
Land, fixtures and chattels

Facts

The claimants occupied two houseboats in a tidal harbour. The houseboats had been converted from old wartime vessels and rested on wooden platforms supported by piles driven into the harbour bed. They no longer floated with the tide, and were connected to services. The owner of the land sought possession, and the occupiers argued that the houseboats were part of the land, so that they had assured tenancies under the Housing Act 1988.

Legal principle

The Court of Appeal held that the houseboats were chattels. Patten LJ said that, applying Elitestone v Morris, the question was whether the houseboats could be removed without being destroyed. The houseboats were not attached to the platforms and could be lifted off them and removed in one piece, so they had not become part of the land. The occupiers did not have assured tenancies.

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