Fixtures vs chattels, the test feels completely subjective
Realestate question I am trying to understand the Degree of annexation and object of annexation. Both of those sound like they could be argued either way on the same facts, and I do not trust myself to pick the option the examiners want. Appreciate if anyone can explain it. Tks
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Best answer
Honestly I would just break it down and start with how the item is attached. A quick rule of thumb my propert prof in 1l taugt us was how if its resting there under its own weight, then you can presume chattel. But if fixed to the land by something more than its own weight, then presume fixture. Granted, exceptions apply but this is the rule ive used and i havent gotten a single question on it wrong here.
Once that's done then ask why it was attached. So for example, if it was attached to improve the property, that supports fixture. But if it was attached only so the item itself can be used properly, then that supports it being a chattel.
Hope this help! 🙂
Really appreciatete this detailed answer, thanks! Gonna drill some questions later this week
Lol i wrote the barr years ago but now that im in practice I can tell you this rarely gets litigated IMO because the agreement of purchase and sale lists inclusions and exclusions (assuming you had a good lawyer(s) who write all that up). Not saying dont study it but keep it mind
tenant's fixtures is the separate pocket to keep in mind, different rules on removal. filed it on the same page and it saved me on a practice question
Also since the topic came up i want to say how there is a classic law school exam trap version of this is like some a huge freestanding thing that everyone assumes MUST be a fixture because of the size. but weight is not attachment!!! Read the question for better clues
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