S3 Fixture v Chattels, Adverse Possession

Question 1

what is a fixture?

Answer 1

fixtures are goods that have been annexed to land such that they become part of the land.
- A fixture cannot be removed without causing damage to the it.

Question 2

Example of Fixture ?

Answer 2

Eg; fence, carpet, pipes, cables etc

Question 3

what is the most important factor in determining fixture or chattel?

Answer 3

intention (Reid v Smith 1906 3 CLR 656) - judged based on the

• degree of annexation and
• the object of annexation

Question 4

Explain Degree of annexation:

Answer 4

the stronger the annexation and the more difficult to remove without destroying, the more likely the good will be regarded as fixture - Elitestone Ltd v Morris (1997) 1 WLR 687

Question 5

Explain Object of annexation:

Answer 5

Object of annexation is about determining the objective intention of affixer, after it has been determined that the chattel is attached to the land, such as:

• the nature of chattels and
• overall circumstances

Question 6

does a tenant have the right to remove domestic or ornamental chattels that have become a fixture during the time of tenancy?

Answer 6

Yes

Question 7

which sec determines the type of fixture that can be removed by tenant?

Answer 7

s154A Property Law Act 1958 (vic)

Question 8

what is adverse possession?

Answer 8

it refers to a type of land possession where the possession of the land has been taken for so long that it generates a limitation of action in favour of the possessor.

Question 9

Hierarchy of Property Rights:

Answer 9

1. Common law state
2. Adverse Possession
3. Bare Possessory Title

Question 10

what is the limitation period for adverse possession?

Answer 10

The possessor must be in possession of that land for 15yrs without the owner’s permission under s8 of Limitation of Action Act 1958 (VIC) (LAA).
It Differs in each state and territory