11. Fixtures Flashcards
1
Q
When are chattels incorporated into structures considered as fixtures?
A
NOT identifiable
Identifiable + potential removal damage
2
Q
What is difference between common ownership and divided ownership case?
A
Common ownership - Chattel ownership + Land ownership
Divided ownership - Chattel ownership
3
Q
What is required for chattels as fixtures in common ownership cases?
A
Objective intention to make item part of realty
E.g. nature of article, manner of attachment
4
Q
What is required for chattels as fixtures in divided ownership cases?
A
Person’s accession to make item part of realty
Agreements between
- Landlord + Tenant
- Life Tenant + Remainderman
- Licensee + Landowner
5
Q
When may fixtures be removed?
A
1) Fixtures installed for commercial purpose
2) Fixtures NOT intended as integral part of premises
3) Tenant to pay resulting damages
