Regarding the tree in the garden, what is the legal position if it is included in the TA10 and the contract uses the Standard Conditions of Sale?

Regarding the tree in the garden, what is the legal position if it is included in the TA10 and the contract uses the Standard Conditions of Sale?

• A. It cannot be removed because fixtures are permanent
• B. Only the buyer can remove the tree on completion
• C. It can be removed by the seller even though it is a fixture, as the TA10 provides for this
• D. It is unalterable regardless of TA10

Answer: (C)

The important idea is how fixtures and fittings are governed by the contract. A tree in the garden is normally treated as part of the land (a fixture) and would pass with the property to the buyer. But the TA10 contract, used with the Standard Conditions of Sale, can include specific terms about what can be removed and by whom. If the TA10 contains a provision allowing the seller to remove items that would ordinarily be fixtures, the seller may lawfully remove the tree on completion. In other words, the contract’s particular clause overrides the default rule that fixtures stay with the property. The other options assume no such removal clause exists, which isn’t the case here.

The important idea is how fixtures and fittings are governed by the contract. A tree in the garden is normally treated as part of the land (a fixture) and would pass with the property to the buyer. But the TA10 contract, used with the Standard Conditions of Sale, can include specific terms about what can be removed and by whom. If the TA10 contains a provision allowing the seller to remove items that would ordinarily be fixtures, the seller may lawfully remove the tree on completion. In other words, the contract’s particular clause overrides the default rule that fixtures stay with the property. The other options assume no such removal clause exists, which isn’t the case here.