Fixtures or chattels, does anyone find this test workable
Degree of annexation, object of annexation. Both could be argued either way on the same facts and I do not trust myself to pick what the examiners want.
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Feels unworkable until you use the presumptions, and the presumptions are what make it answerable.
How is it attached. Resting under its own weight, presume chattel. Fixed by more than its own weight, presume fixture.
Why was it attached. To improve the property, supports fixture. So the item itself can be used properly, supports chattel. Purpose rebuts whichever presumption you started from.
Presumption then rebuttal rather than weighing two factors against each other. Questions are built so one limb points clearly.
presumption then rebut is a much better way to hold it, thank you
In practice it barely gets litigated because the agreement of purchase and sale lists inclusions and exclusions. The test decides exam questions and arguments where nobody wrote it down.
tenant's fixtures is a separate pocket, different rules on removal. put it on the same page
classic version is a massive freestanding thing everyone assumes is a fixture because of the size. weight is not attachment
what about something bolted down purely so it does not tip over?
Second limb doing its work. Bolted for stability so the thing can be used, not to improve the land, so purpose points to chattel even though it is attached. Good example.
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