Fixtures Flashcards
Which of the following is most likely to be classified as a chattel rather than a fixture?
A) A built-in wardrobe
B) A freestanding washing machine
C) A fitted carpet
D) A kitchen worktop
B) A freestanding washing machine
📌 Explanation: A washing machine that is not integrated into the kitchen units is a chattel, as it can be easily removed without causing damage.
Which case confirmed that the purpose of annexation is more important than the degree of annexation when classifying fixtures?
A) Holland v Hodgson (1872)
B) D’Eyncourt v Gregory (1866)
C) Berkley v Poulett (1977)
D) Leigh v Taylor (1902)
C) Berkley v Poulett (1977)
📌 Explanation: This case ruled that if the purpose of attachment is to enhance the property, it is a fixture, even if easily removable.
Which principle of land law states that fixtures automatically pass with land when it is transferred?
A) Quic quid plantatur solo, solo cedit
B) Mirror Principle
C) Priority Principle
D) Overriding Interests Principle
A) Quic quid plantatur solo, solo cedit
📌 Explanation: This Latin maxim means “whatever is attached to the land becomes part of the land”.
Which of the following is most likely to be classified as a fixture?
A) A hanging picture
B) A chandelier attached by screws to the ceiling
C) A freestanding mirror
D) A rug covering the entire floor
B) A chandelier attached by screws to the ceiling
📌 Explanation: Light fittings are usually considered fixtures if they are screwed into place rather than merely resting on their own weight.
What is the legal significance of Botham v TSB Bank (1996)?
A) It confirmed that an item’s purpose of annexation is more important than its degree of annexation
B) It established that a kitchen unit is always a chattel
C) It set a precedent that all household items are fixtures
D) It ruled that washing machines and curtains are fixtures
A) It confirmed that an item’s purpose of annexation is more important than its degree of annexation
📌 Explanation: This case examined which household items were fixtures and which were chattels, emphasizing purpose over method of attachment.
Under LPA 1925, s 62, what happens to fixtures when a property is sold?
A) Fixtures are automatically included unless specifically excluded in the contract
B) Fixtures remain with the seller unless specifically included
C) The buyer must negotiate separately for fixtures
D) Only chattels pass with the land, not fixtures
A) Fixtures are automatically included unless specifically excluded in the contract
📌 Explanation: Fixtures automatically pass with the land unless excluded in the sale agreement under LPA 1925, s 62.
If an item cannot be removed without causing significant damage, it is likely to be:
A) A chattel
B) A fixture
C) An overriding interest
D) An equitable interest
B) A fixture
📌 Explanation: If an item’s removal would cause damage or destruction, it is likely to be a fixture (Elitestone Ltd v Morris, 1997).
Alice purchases a house with a fitted carpet. Before completing the sale, the seller removes the carpet without mentioning it in the contract.
Is Alice entitled to claim the carpet back?
A) Yes, because carpets are fixtures
B) No, because carpets are always chattels
C) Only if Alice specifically requested it in the contract
D) No, because the seller owned it before the sale
✅ Answer: A) Yes, because carpets are fixtures
📌 Explanation: Fitted carpets are considered fixtures and should remain with the property unless excluded from the contract.
James rents a flat and installs a built-in wardrobe. When he moves out, he wants to take it with him.
Can he legally remove it?
A) Yes, because he installed it himself
B) No, because it has become a fixture
C) Yes, as long as he replaces it with a similar one
D) Only if the landlord agrees
B) No, because it has become a fixture
📌 Explanation: Items permanently attached to the property are fixtures and belong to the landlord unless stated otherwise.
A developer builds a row of houses with chimneys as part of the architectural design. The chimneys are not physically attached but rest on their weight.
Are the chimneys fixtures or chattels?
A) Fixtures, because they are part of the house’s architectural design
B) Chattels, because they are not attached
C) Fixtures, because they are heavy
D) Chattels, because they can be lifted off
A) Fixtures, because they are part of the house’s architectural design
📌 Explanation: Objects forming part of a building’s design are fixtures even if not physically attached (D’Eyncourt v Gregory, 1866).
Olivia buys a historic mansion with large statues in the garden. The previous owner removes the statues before completing the sale, claiming they are chattels.
Can Olivia claim them back?
A) Yes, if they were incorporated into the house’s design
B) No, because statues are always chattels
C) Yes, if they were on the property for more than 20 years
D) No, because outdoor objects cannot be fixtures
A) Yes, if they were incorporated into the house’s design
📌 Explanation: Statues forming part of the property’s design are fixtures, even if not attached (D’Eyncourt v Gregory, 1866).
A museum installs a large antique tapestry, securing it to the walls with strong adhesive. The museum sells the building but wants to keep the tapestry.
Who owns the tapestry?
A) The museum, because it installed it
B) The new owner, because it is a fixture
C) The original artist, because it is unique
D) The local council, because it is a historical item
B) The new owner, because it is a fixture
📌 Explanation: If an item is permanently attached, it becomes part of the land and passes to the buyer (Leigh v Taylor, 1902).
Emma buys a house with a large mirror bolted to the wall. The seller removes it before completion.
Can Emma demand the mirror be replaced?
A) Yes, because it was fixed to the land
B) No, because mirrors are always chattels
C) Only if she specifically negotiated for it
D) No, because it was not essential to the house
A) Yes, because it was fixed to the land
📌 Explanation: If an item is bolted, it is likely a fixture and passes with the land.
Paul owns a historical house with statues in the garden. The statues are not attached but were designed as part of the house’s architecture.
Are the statues fixtures or chattels?
A) Fixtures, because they form part of the house’s design
B) Chattels, because they are not attached
C) Fixtures, but only if they are heavy
D) Chattels, because outdoor objects are never fixtures
A) Fixtures, because they form part of the house’s design
📌 Explanation: Objects that are part of architectural design can be fixtures even if not physically attached (D’Eyncourt v Gregory, 1866).
A landlord installs an air conditioning unit in a rented flat. When the tenant moves out, they try to take it with them.
Can the tenant legally remove the unit?
A) Yes, if it is a chattel
B) No, because it is a fixture
C) Yes, if it was installed temporarily
D) No, unless the contract says otherwise
B) No, because it is a fixture
📌 Explanation: Installed appliances (unless freestanding) are fixtures unless the agreement says otherwise.
Chris is selling his house. Before completing the sale, he removes fitted kitchen cabinets.
Has Chris acted legally?
A) Yes, because kitchen cabinets are chattels
B) No, because they are fixtures and automatically part of the land
C) Yes, because sellers can take whatever they want
D) Only if the buyer agrees
B) No, because they are fixtures and automatically part of the land
📌 Explanation: Fixtures pass with the land unless explicitly excluded in the contract (LPA 1925, s 62).
Which case established that removing an item that would destroy it makes it a fixture?
A) Leigh v Taylor (1902)
B) D’Eyncourt v Gregory (1866)
C) Elitestone Ltd v Morris (1997)
D) Botham v TSB Bank (1996)
C) Elitestone Ltd v Morris (1997)
📌 Explanation: A wooden bungalow resting on pillars was held to be a fixture because removal required destruction.
Which of the following is most likely a fixture?
A) A washing machine
B) A freestanding wardrobe
C) A built-in kitchen cabinet
D) A hanging mirror
C) A built-in kitchen cabinet
📌 Explanation: Items permanently attached (e.g., kitchen units) are fixtures.
What is the main difference between fixtures and chattels?
A) Fixtures can never be removed
B) Fixtures form part of the land; chattels do not
C) Chattels must be registered to be enforceable
D) Fixtures only exist in freehold property
B) Fixtures form part of the land; chattels do not
📌 Explanation: Fixtures automatically transfer with land, while chattels remain personal property.
Daniel purchases a house with a large conservatory attached to the rear. The conservatory is bolted into the ground and connected to the main house with support beams and wiring. Before Daniel completes the purchase, the seller dismantles and removes the conservatory, arguing it is a chattel.
Can Daniel demand the conservatory be reinstated?
A) Yes, because it was permanently fixed to the land and is a fixture
B) No, because conservatories are always chattels
C) Only if Daniel specifically negotiated for it in the contract
D) No, because the seller installed it and can take it back
A) Yes, because it was permanently fixed to the land and is a fixture
📌 Explanation: The conservatory was bolted into the ground and integrated into the property’s structure, making it a fixture. Fixtures automatically pass with the land unless excluded in the sale contract (LPA 1925, s 62).
