LA2021 Topic 2

Which statutory provision can alter the principle of accretion?

• S. 10 of the Land Act 1994 (Qld)

• S. 15 of the Land Act 1994 (Qld)

• S. 20 of the Land Act 1994 (Qld)

• S. 25 of the Land Act 1994 (Qld)

The doctrine of accretion in property law deals with:

• where property boundaries are defined by water that has changed over time

• The study of the Earth's crust
• Legal process of transferring property ownership
• legal process of determining beach front property value

The application of the doctrine of accretion depends on the circumstances of each case and the intention behind the changes in land.

• True

• False

• Partly accurate

• Not sure

What factors are considered in determining whether a chattel becomes a fixture? Select all that apply.

• Age of the chattel
• Intention of annexation

• Degree of fixation

• Color of the chattel

The intention of annexation refers to how securely the object is attached to the land or building.

• True

• False

• Partly True

• Not Sure

How can the maxim 'whatever is affixed to the soil becomes a part of the soil' be modified?

• Through Contractual Agreements

• Statutory provisions

• If estoppel comes into effect

• All of the above

In the context of fixtures, estoppel can:

• Allow a party to deny the existence of a fixture
• Grant rights to a party in relation to the fixture
• Have no impact on the rights of the parties in relation to the fixture
• Prevent a party from going back on a promise regarding the status of an object as a fixture.

Which legal doctrine protects a party from detriment that would occur if their assumption or expectation, relating to fixtures, is rendered groundless?

• Common Law

• statutory provisions

• equitable estoppel
• contractual agreement

In Holland v Hodges it was stated that:

(select all that apply)

• look at the degree of fixation

• look at the intention of the parties

• Degree of fixation supersedes the intention of parties

• intention supersedes the degree of fixation

Ss 155 - 156 of the Property Law Act (Qld) deal with -

• Landlords' Fixtures

• modification of the doctrine of fixtures for agricultural holdings

• Tenants' Fixtures

• fixtures in trade, ornamental and domestic purposes