Moser v Walden [1971] JJ 1927 (18 November 1971)
The court held that the characteristics of permanence, method of attachment, and difficulty of removal without damage are determinative in classifying items as fixtures.
- Citation
- [1971] JJ 1927
- Parties
- Applicant: Moser; Respondent: Walden
- Jurisdiction
- Jersey
- Judgment Date
- 18 November 1971
- Procedural Posture
- Civil / Judgment
- Outcome
- judgment for applicant
- Legal Topics
- Fixtures, Land Law
Case Brief
Summary, issues, holding and outcome
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Parties
Moser
Applicant
Walden
Respondent
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether certain items in a building are fixtures or chattels
Ratio Decidendi
The court held that the characteristics of permanence, method of attachment, and difficulty of removal without damage are determinative in classifying items as fixtures.
Court Disposition
judgment for applicant
Orders
- Items in question declared fixtures and to remain with the property
Full Case Text
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