Fixtures

Question 1

What is the first test?

Answer 1

Degree of annexation test - how the object is fixed/attached to the land

Question 2

The more firmly the object is fixed to the land or building

Answer 2

The more likely it is to be classified as a fixture

Question 3

What is the second test?

Answer 3

The purpose of annexation test - why the object is attached to the land
- whether it was for the more convenient use of the land or enjoyment of the chattel as a chattel, or to enhance the value of the land

Question 4

Which test takes priority?

Answer 4

The purpose of annexation test - if there is a discrepancy between the two tests

Question 5

What presumption is raised by degree of annexation test?

Answer 5

That the thing is or is not a fixture

Question 6

If a moveable object is part of the overall design scheme

Answer 6

This indicates the purpose of annexation was to provide a permanent benefit to the land
- therefore, would be classed as a fixture