Fixtures & Chattels

Question 1

2 Stage Test to Determine a Fixture or Chattel

Answer 1

(1) Degree and Method of Annexation - BERKLEY v POULETT

(2) Object and Purpose of Annexation - D’EYNCOURT / LEIGH v TAYLOR

Question 2

Statue = Chattel / Plinth = Fixture

Answer 2

BERKLEY v POULETT

Question 3

Light fittings, white goods, carpets and curtains = Chattels

Answer 3

BOTHAM v TSB

Question 4

Greenhouse / Garden shed = Chattel - Provided they are easily dismantled and moved

Answer 4

ELITESTONE v MORRIS

Question 5

Degree and Method of Annexation…

Answer 5

BERKLEY v POULETT
How Firmly is the item Attached - Own weight OK for fixture if enhances realty; light fix and removable may be fixture if there to improve room as a whole

Question 6

Object and Purpose of Annexation - Fixture if it forms part of the Architectural structure

Answer 6

D’EYNCOURT

Question 7

Object and Purpose of Annexation - Annexation is the only way the object can Serve its Purpose

Answer 7

LEIGH v TAYLOR