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called survivorship. ■ ■ 1
3 4 TUTORIAL QUESTIONS
1 State the basic presumption regarding fixtures, and give some tests of intention in relation to fixtures. 2 What categories may leases of fixed duration be divided into? How is each distinguishable? 3 Don Greenthumb is a landscape gardener who has been contracted to install a fishpond and waterfall
and five garden statues at Lot 10 Smith Street. He drives down the street and sees a house displaying the
number 10 and although no one is home he proceeds to commence work. He excavates a hole to install
the fishpond and waterfall and connects them both to the existing water supply and drainage. The pond
and waterfall are both concreted into place. The cement statues are artistically arranged around the pond
and waterfall but are not concreted into place.
Several days later Don receives a telephone call from a very distressed owner of Lot 10 Smith Street
demanding to know when he is going to carry out the work. Don then discovers that he has carried out
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This document was uploaded on 04/23/2012.
- Three '12