Fixtures

Question 1

Re Davis

Answer 1

Bowling alley. Test is degree of annexation and object of annexation. (how well connected and why). If for better use of building, more likely fixtures. If for better enjoyment of chattels, then they are chattels. More specialized land more likely to include items as fixtures.

Question 2

LaSalle

Answer 2

Stack test (leading case) Prima facie fixture if attached other than by own weight. Objective and Degree tests to refute. SO prima facie if attached other than own weight it is a fixture. Unless circumstances are clear for all to see (objective test) to show alternative intent by considering: degree and object of annexation. MOST IMPORTANT: the intention of the person affixing is only useful so far as can be presumed from object and degree of annexation - no subjective reasons.

Question 3

Diamond Neon

Answer 3

Sunk pole sign. Fixture looking at degree and object of annexation. Was part of land when purchased. Dissent: seperate value and was removed and sold, if related to building shouldbe fixture, if relates to owner sign should be chattel.

Question 4

L&R Canadian

Answer 4

Paper mache factory, machinery attached to steady it is fixtures, as well as constructive fixtures such as forklift. Specialized building.

Question 5

Lichty v Voigt

Answer 5

Mobile home is a chattel based on subjective intention known by dfds and plf. Rejected stack test. This was in Ontario (the others are BC) so could certainly argue for this at supreme court.