Fixtures and Chattels

Question 1

What is a chattel?

Answer 1

It is an item of moveable property

Question 2

What is a fixture?

Answer 2

A fixture is treated as though it is part of the land to which it is attached

Question 3

1st test - The method and degree of annexation

Answer 3

If an object has been affixed to the land so that it cannot be removed without causing damage then it is a fixture. Greater physical attachment = fixture

Question 4

2nd Test - The object and purpose of annexation

Answer 4

Looks at the reason for annexing the chattel. It is possible to argue that an object resting on the ground by its own weight can be a fixture if the purpose of placing it there was to enhance the realty.

Question 5

Common law examples - D’Eyncourt v Gregory

Answer 5

If the item appears to be part of the design of the property then it will be regarded as a fixture however if they are not part of the design but are a matter of personal taste then they will be classed as chattels.

Question 6

Common Law Examples - Botham v TSB Bank plc

Answer 6

Fitted carpets and curtains were not fixtures. Light fittings were also chattels as were gas fires connected to the building only by a gas pipe. White goods manufactured to standard sizes and fitted into standard sized holes were held to be chattels although fitted kitchen unites were fixtures.