Fixtures/chattels

Question 1

Chattel?

Answer 1

Retain their characteristic as personal property. Seller entitled to remove them when selling.

Question 2

Fixture?

Answer 2

Are included within the definition of land and must be passed to buyers (unless special provision in contract)

Question 3

Two- stage test to determine whether an object is a fixture or a chattel (Berkley v Poulett [1977]):

Answer 3

1. The degree of annexation

How firmly affixed is the object to the land?

Does it stand on its own weight = chattel.

If the object cannot be removed without causing significant damage to the land, this indicates that it is a fixture; eg a fireplace, panelling or a conservatory.

Test raises a presumption that the item is a fixture, but the presumption can be rebutted.

2. The purpose of annexation

Why has the object been attached to the land?

Takes priority over the degree of annexation.

If the object was attached to the land to enhance the land or to create a permanent improvement then it is a fixture.

Question 4

Common law examples of chattels/fixtures - TSB Bank Plc v Botham [1996]

Answer 4

• Items which are ornamental are often chattels, for example pictures
• A free- standing cooker connected via a flex will be a chattel
• A split- level cooker with a built- in oven and inset hob will be a fixture as this would be difficult to remove without causing damage
• Kitchen units are fixtures
• Appliances in a kitchen can retain their characteristic as chattels as they are attached only by their weight and an electrical flex and can be removed or replaced without damage
• Items installed by a builder will probably be fixtures, for example wall tiles in a kitchen or bathroom
• Bathroom fittings (ie basins, baths and toilets) are fixtures as without them the room would not function as a bathroom
• Carpets and curtains are likely to be chattels
• A gas fire connected purely to function as a fire is likely to be a chattel
• Light fittings attached by screws are likely to be chattels.

Question 5

Common law examples of chattels/fixtures - D’Eyncourt v Gregory [1866]

Answer 5

The issue is less clear cut where there is an argument that the item attached to the land forms part of an architectural design.

In D’Eyncourt v Gregory [1866] tapestries fixed into panelled walls, pictures, marble vases and garden ornaments were held to be fixtures despite their ease of removal. This was due to the items being part of an overall architectural design.