Note 416 — Chapter XX · THE LAW OF PROPERTY.

It is only by slow degrees and with imperfect consistency that our law has worked out an intelligible principle on this matter. The older law seems to have recognised mere physical attachment as necessary and sufficient, subject to exceptions so numerous and important, as to deprive the principle itself of any rational basis. See, for the modern law on the point, Holland v. Hodgson, L. R. 7 C. P. 328; Monti v. Barnes, (1901) 1 K. B. 205; In re De Falbe, (1901) 1 Ch. 523; (1902) A. C. 157; Elwes v. Brigg Gas Coy., 33 Ch. D. 502. Similar law is contained in Article 95 of the German Civil Code: “Things are not part of the land which are attached to it simply for a temporary purpose.” The case of Reynolds v. Ashby & Son, (1904) A. C. 466, shows, however, that English law has not yet succeeded in adopting with consistency any single and intelligible rule.