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Competition Between Mortgagees and Grantees to Fixtures

Stickley, Amanda P. (1998) Competition Between Mortgagees and Grantees to Fixtures. Australian Property Law Journal, 6(1), pp. 21-40.

Abstract

The Australian law concerning real property is derived from the law of England. Ownership of land in England in the middle ages constituted the wealth of the country. Land included not only the surface of the property, but the owner of the soil was also the owner of everything "up to the sky and down to the centre of the earth". Due to the importance placed on the ownership of land, very little law was made in regards to personal property. The owners of land were the law makers and therefore the laws developed protected their interest in real property. Laws were developed to settle disputes as to title to chattels that tenants of the land owners had affixed to the land. As trade and commerce developed, the value of chattels was recognised and laws were developed in their protection. Despite this development, the classification of real and personal property is basically unchanged since feudal times. The unique ability of chattels to change from the status of personal property to real property has caused problems from the time the doctrine of fixtures was evolved - disputes as to priority to fixtures are an age old problem. Competing claims to fixtures arise in many relationships - lessor and lessee, vendor and purchaser of land, mortgagor and mortgagee, life tenant and reversioner and mortgagee and grantee under a bill of sale.

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ID Code: 10276
Item Type: Journal Article
Additional URLs:
Keywords: Property Law, fixtures, mortgagees
ISSN: 1038-5959
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Property Law (excl. Intellectual Property Law) (180124)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 1998 LexisNexis
Copyright Statement: Reproduced in accordance with the copyright policy of the publisher.
Deposited On: 22 Oct 2007
Last Modified: 09 Jun 2010 22:47

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