Fixtures Flashcards
What is the starting point for fixtures?
Whatever is attached to the land becomes part of the land
What is the key issue with fixtures?
Buyer and seller will need to determine what is a fixture and what is a chattel and therefore what the seller can take with him
For a lender who reposeses land after a default also important to know what is a fixture and what can be sold with the mortgaged land
What is the test to determine if something is a fixture of a chattel?
- The degree of annexation test - the more firmly the object is fixed to the land or building the more likely it is to be classified as a fixture. Even if it is fairly easy to remove its character is still prima facie that of a fixture
If it rests on the land by its own weight it is a chattel generally.
- The purpose of annexation test
Why is the object attached?Was this for the more convenient use or enjoyment of the chattel as a chatter or to enhance the land or building in some way. This takes priority over the degree of annexation test !
What is the purpose of having the purpose test?
First test raises a presumption that the thing in question is or is not a fixture.
This presumption can be rebutted by objectively looking at the purpose of the fixture
What is the guidance in Botham v TSB Bank on fixtures?
If the item viewed is intended to be permanent and to afford a lasting improvement to the building, the thing will have become a fixture.
If the attachement is temporary and is no more than necessary for the item to be used and enjoyed, then it will remain a chattel.
What are other key points on fixtures and chattels from case law?
If chattels are incorporated into the architectural design of a building, they may consequently be classified as fixtures even though they are not firmly affixed
A chattel may be securely affixed to the land but remain a chattel if the purpose of the annexation is the better enjoyment of the chattel as such
If a chattel cannot be removed from the land without deconstruction or demolition, it will be deemed to be intended to form part of the land and therefore a fixture
How are fixtures dealt with in a contract of sale?
A conveyance automatically includes all fixtures in the property unless the items are specifically excluded from the sale in the contract
If the contract is silent and does not specifically exclude any items the seller may not remove fixtures after they have contracted to sell the property
Buyer and seller should complete the Law Society Fixtures and Contents Form - TA10
