A house constructed on leased land that cannot be removed without destruction is presumed to be a fixture forming part of the realty, regardless of the subjective intention of subsequent purchasers or the terms of any purported sale of the house separately from the land. The relevant intention for fixture status is the objective intention of the original affixer. Where a dwelling house is a fixture on underleased land, the underlease is of 'prescribed premises' under the Landlord and Tenant (Amendment) Act 1948 (NSW), not of 'bare land'. A tribunal's determination that it lacks jurisdiction does not give rise to issue estoppel or Anshun estoppel where there has been no hearing on the merits.
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