Was a greenhouse part of the land?

In Goldful Way Development Ltd v Wellstable Development Ltd ([1999] 1 HKLRD 563) G had agreed to buy a house from W. There was a greenhouse in the backyard. This was an unauthorised structure that would have to be demolished. The question was whether W could demolish the greenhouse and still comply with the obligation to give good title. W’s argument that the greenhouse was not part of the land agreed to be sold failed. The greenhouse was firmly attached to the rest of the house, it could only be moved by demolition, it had been made to measure for the house. Applying Elitestone, the greenhouse was both a fixture and part and parcel of the land. W nevertheless succeeded because it was held that even if it demolished the greenhouse it could still substantially perform its agreement with G.


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