Fixture or Chattel? Flashcards
If a contract is silent on what is included in the sale
Important to classify objects as either fixtures or chattels
Fixtures
Form part of the land. They must remain with the land when sold.
Chattels
Removable objects that do not form part of the land. Seller will be free to take them
Test 1 - Degree and Method of Annexation
How firmly is item attached to land?
If attached to soil/securely affixed or would cause damage if removed - presumption of fixture
Test 2 - Object and purpose of annexation
If object forms part of architectural design, or
if annexation is only way object can serve function - then it is a fixture
Case where both tests are found
Berkley v Poulett
If object forms part of architectural design then it is a fixture
D’Eyncourt v Gregory
If annexation is only way the object can serve its function/purpose then it is a fixture
Leigh v Taylor
A statue is chattel, provided it is capable of being removed without causing damage and is not part of architectural design
Berkley v Poulett
A plinth is a fixture
Berkley v Poulett
Light fittings, white goods, carpets and curtains are all usually chattel
Botham v TSB Bank
A bungalow and a garden shed are chattel, provided they are capable of being easily dismantled and transferred around the garden
Elitestone v Morris and another
The house and garage are part and parcel of the realty
Elitestone v Morris and another
If pictures are hung merely to display them, they will be chattel
Leigh v Taylor
If pictures are hung within the panelled walls or part of the overall architectural design of the room, they may be fixtures
D’Eyncourt v Gregory
