Longbottom v Berry (1869) is a key case in property law addressing the doctrine of severance in joint tenancies. The court clarified how unilateral acts, such as selling or gifting an interest, can transform joint tenancies into tenancies in common, altering the rights of co-owners.
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🏛️ Court: Court of Queen's Bench 🗓️ Judgment Date: 13 December 1869 🗂️ Where Reported: (1869-70) L.R. 5 Q.B. 123; [1869] 12 WLUK 53 📍 Jurisdiction: United Kingdom
⚖️ Legal Principles
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Fixtures and Freehold: Machinery attached to a property in a quasi-permanent manner—such as with bolts or screws—generally passes with the freehold. This applies even if the machinery could be removed without significant damage to itself or the property.