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Bill Operates a Small Skate Sharpening Business in the Local

Question 35

Multiple Choice

Bill operates a small skate sharpening business in the local mall.The lease is for five years with an option to renew for a further five years.After taking possession,Bill brings into the premises a skate sharpening machine which is fastened to the floor with four bolts.He carries on business for five years and decides to relocate.Bill does not exercise the option to renew.He removes the skate sharpening machine the day before the lease expires and repairs the four holes in the floor so as to prevent any damage.His landlord learns that the skate sharpening machine has been removed and threatens to sue Bill alleging that he removed a fixture which belonged to the landlord.The landlord tells Bill that he has rented the premises to a new tenant and "sold" the skate sharpening machine to the new tenant.In this case


A) The skate sharpening machine cannot be removed because it affects the right of an innocent third party-the new tenant.
B) Any fixtures installed by the tenant during the course of the tenancy cannot be removed.
C) The skate sharpening machine is a tenant's fixture and it may be removed before the end of the tenancy.
D) The skate sharpening machine can be removed because it was not at any time considered at law to have become a fixture.
E) The skate sharpening machine should be put into storage pending a court order.

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