Chattels & Fixtures Flashcards
What is a Fixture?
Fixtures form part of the land - must remain with the land when sold (with the exception of when the seller is free to remove, providing it is agreed within the contract).
What is a chattel?
A removeable object that does not form part of the land - the seller will be free to take them.
What are the two tests to determine whether it is a fixture or a chattel?
Test one - degree & method of annexation
Test two - object & purpose of annexation
What would a statue be considered as?
Chattel - provided that it’s capable of being removed without causing damage, and not part of the architectural design.
What would light fittings, white goods, fitted carpets and curtains be considered as?
All usually chattels - some exceptions apply.
What did the case of Leigh tell us about the tests?
Annexation is the only way an object can serve its function or purpose, therefor it would make it a fixture.
What did the case of D’Eyncourt tell us?
If something forms part of the architectural design of the garden or house, it would be considered a fixture (even if free-standing or not firmly attached).
