the automatic statutory annexation in section 78 Law of Property Act 1925 can be excluded by express contrary intention. Justify your answer by reference to the case law.

Question

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The automatic statutory annexation under section 78 of the Law of Property Act 1925 can be excluded by an express contrary intention, as demonstrated in the case of Crest Nicholson Residential (South) Ltd v McAllister [2004] EWCA Civ 410, where the Court of Appeal held that parties can exclude the operation of section 78 by clearly stating their intention to do so in the contractual or conveyancing documents.

The Automatic Statutory Annexation in Section 78 Law of Property