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A client has entered into a contract to sell her house.
After exchange of contracts, the client seeks advice about whether she may keep the light fitting in the sitting room. This is held to the ceiling by three small screws and was made by the client’s late father.
The light fitting is not mentioned in the contract.
May the client remove the light fitting before completion?
A. No, because the light fitting is likely to be a fixture due to the high degree of attachment.
B. No, because the removal constitutes a breach of an implied term of the contract as the room will be unlit when the new owners move in.
C. No, because any item within a property is permanently part of the land and must not be removed.
D. Yes, because the light fitting is likely to be a chattel due to the slight degree of attachment.
E. Yes, because any item with sentimental value is always removable.
D - Yes, because the light fitting is likely to be a chattel due to the slight degree of attachment.
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