Unformatted text preview: in a reasonable time of its
termination with respect to a periodic tenancy. All other fixtures are the lessor’s property immediately
they become fixtures.
Related to tenant’s fixtures is the question of emblements. Crops are fixtures and become the property of the lessor on termination of the lease. Emblements are crops yielding a present annual profit
and are categorised as goods, rather than land. The right of the tenant to the crop is confined to those
situations where the lease is for an uncertain period (eg, a tenancy at will or a periodic tenancy). In these
cases the tenant doesn’t know when the tenancy will end. REVIEW QUESTIONS
33.1 Distinguish personal property from real property.
33.2 What is possessory ownership?
33.3 What is a fixture?
33.4 From a legal point of view, is a fixture part of or separate from land? What is the extent of land?
In ascertaining the extent of land, we must examine the following three aspects. Surface
The extent of land in respect to its surface area is determined by surveyors who can scientifically determine the boundaries of the land and indicate where they are by pegging these out. Subs...
View Full Document
- Three '12
- CROWN, native title, National Native Title Tribunal