Assignment title: Information


Sally is the registered owner of a property at 3 George St, London. She operates a childcare business there. Sally installed a sandpit and a canvas awning above the sandpit near the rear boundary of the property. The awning is held up by eight limber points, each about 20 centimetres thick, and embodied about two meters into the ground. The poles protrude approximately three maters above the ground. The bottom part of each pole is not vertical, but is slanted away from the centre of the sandpit areas. The canvas awning is nailed to a wooden lattice, which is bolted to the top of each pole. Discuss whether or not the poles, awning and the sand pit are Fixtures (12 Marks) B) Three of the poles holding up the awning are placed in a line along the rear boundary of the property, about a meter or so apart. The closet the bottom of each poles is to the boundary is about five centimetres. However, the tops of these poles overhang the ear boundary and protrude into the airspace above the adjoining property by a minimum distance of about 20 centimetres measured horizontally. Discuss whether these protrusions constitute a trespass against the occupier of the adjoining property. Also discuss whether the occupier of the adjoining property has any remedy in respect of the protrusions (8 Marks)