Section 3 of the Transfer of Property Act, 1882 covers things rooted in the earth or embedded in it. If…
Section 3 covers things rooted in the earth, such as trees and shrubs, and things embedded in the earth, such as walls and buildings. It also covers things attached to what…
Choose your answer
Section 3 of the Transfer of Property Act, 1882 covers things rooted in the earth or embedded in it. If a thing is instead attached to an embedded object, what purpose must the attachment serve to qualify under the remaining limb?
Answer and explanation
Correct answer D
Section 3 covers things rooted in the earth, such as trees and shrubs, and things embedded in the earth, such as walls and buildings.
It also covers things attached to what is embedded for the permanent beneficial enjoyment of the thing to which they are attached.
Option feedback
Option A
Temporary enjoyment fails the permanence requirement.
Option B
The benefit must concern the embedded object to which the thing is attached.
Option C
This gives neither permanence nor a benefit for the embedded object to which the thing is attached.
Option D
The third limb concerns attachment to an embedded object for the permanent beneficial enjoyment of that object.
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