fixtures and chattels

Question 1

What are the elements of whether a thing is a fixture or chattel and what case says that

Answer 1

Holland v Hodgson
1. Degree of annexation (less important with bigger things)
2. purpose of annexation (objective test)

Question 2

Who has the onus’s

Answer 2

physically attached: person wanting it to be a chattel

not attached: person wanting it not be a chattel

Question 3

Bungalow

Answer 3

Elitestone
Degree of annexation less important for big things, purpose more important

Purpose: Would be destroyed upon removing it so could not be chattel
Is it part and parcel of land

Question 4

equipment attached to the ground

Answer 4

Melluish
Annexation - did not matter they wanted it to be a chattel it had become part and parcel of land as it was attached

Question 5

statute

Answer 5

London Borough
purpose: could be moved and was not dependent on that location

Question 6

showhome

Answer 6

Lockwood
considered intention of parties involved and made it fixture

Question 6

fully furnished house units

Answer 6

Potton
Purpose: designed for easy removal, chattels

Question 7

pile of soil

Answer 7

Queenstown Central
Resource consent required removal of soil so chattel

Question 8

rock anchors

Answer 8

Lake edge
Clearly part of land as could not be removed

Question 9

house

Answer 9

Ratana
Did not matter what parties called it, fixture