Question
Chris owns a hotel in Hyams Beach. He has set up a number of facilities at the hotel for his guests. The hotels theme is
Chris owns a hotel in Hyams Beach. He has set up a number of facilities at the hotel for his guests. The hotels theme is "beach living" and he has commissioned two large hand painted surfboards to be mounted to the roof of the hotel to attract visitors. The hotel's name "HH Resort" is also mounted to the roof.
To make the hotel more pleasant for guests, he has also installed air conditioning units in each room and a large central unit on the roof.
He has also put some beautiful outdoor furniture in the gardens. The furniture is waterproof but to protect it from theft Chris has used chains and padlocks to attach the furniture to the hotel itself.
He has mounted a number of beautiful paintings to the walls from various beaches, to maintain the beach theme of the hotel. Some of the paintings have been commissioned from famous Australian artists. Each room is also painted a different colour and contains at least one "beach themed" painting in each room which matches the wall colour scheme. He has also bought specially designed curtains for each room to fit with the theme.
Chris decided to retire and sell his property to David who also wishes to run a hotel on the property. The contract for sale was drafted by Chris's solicitor Jon, who was not very attentive in property law class at university and forgot to ask Chris what items were intended to remain with the house. As a consequence, when the contract with the new purchaser was exchanged it was silent on this issue.
Following completion of the sale a dispute has arisen in respect of the following items: the hand-painted surfboards, the hotel sign, air conditioning units, out-door furniture, art work in each room and in the hotel and curtains in the guest rooms.
Please advise whether and why, David as the new purchaser acquires these items.
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