Question

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.

7 replies

Best answer

Straight-Wafer-3391

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.

nine_tabs

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.

solicitorseason

tenant's fixtures is a separate pocket, different rules on removal. put it on the same page

halfmarkedup

classic version is a massive freestanding thing everyone assumes is a fixture because of the size. weight is not attachment

Weary-Statute-2088

what about something bolted down purely so it does not tip over?

Straight-Wafer-3391 replying to Weary-Statute-2088

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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