Activity 1 - Interests in Real Property (Land) Compare and contrast the following interests in real property: A freehold estate in fee simple. A...

Compare and contrast the following interests in real property: 

A freehold estate in fee simple.

A leasehold estate.

A mortgage.

Then, have a think about, from a commercial perspective, when a business may choose to acquire each of these property rights. Be prepared to discuss your answer.

Activity 2 - Legal Problem Solving: Fixture versus Fittings

Imagine that you are starting a new restaurant.  You have found what you think is the perfect spot at a central location in Adelaide City. In addition to the location, you were attracted to the premises because you thought it included the following:

Table and chairs.  This furniture was connected to the ground with a series of latches and screws. 

A large vertical gas heater which was secured to the wall with a metal chain.

3 x LCD television screens for menu display. These television screens were mounted to the wall with a bracket above the counter. 

An industrial kitchen fit out including sinks, dishwasher, oven and stove.

You agree to enter into a three year lease and sign a lease agreement. On the first day of the lease you go to the premises and are shocked to see that it is completely empty - all of the items mentioned above had been removed. You call the real estate agent to ask what happened. You are simply told that these items are not part of the premises and were, therefore, removed by the lessor before the beginning of the lease term. You check the lease agreement which does not mention any of these items at all. 

Is the real estate agent correct that these items are not part of the premises?

Either way, what could have been done to avoid this misunderstanding?