fixtures and chattels

A chattel is essentially an item of movable property which is enforceable as a chose in possession. A fixture, on the other hand, is an item considered to be part of the land to which it is attached. If a person attaches (or “annexes”) a chattel to the land, it can cease to be a chattel and become a fixture.  It depends on the circumstances of the attachment and the reasons for it.

Whether a chattel has become a fixture or not is important, because the general rule is that fixtures pass with sale of the land to the purchaser. Chattels do not. The legal maxim Quicquid plantatur solo, solo cedit - ‘whatever is attached to the soil becomes part of it’ – provides that if an object has been affixed to land in such a way that it cannot be removed without causing serious damage to the land, then it will be difficult for the person who alleges it is still a chattel to establish this.

Deciding whether Fixture or Chattel?

There is a two-part test to identify whether an object is a fixture or a chattel.

1. Consider the method and degree of annexation

The first part of the test requires there to be some degree of physical annexation to the land. As explained above, if an object cannot be removed without causing damage to the land, then it is likely to be a fixture. On the other hand, if an object is easily removed, it is easier to argue that it remains a chattel.

Physical annexation raises a presumption that the chattel has become a fixture, although the application of the second test may rebut the presumption.

2. Consider the object and purpose of the annexation

The second part of the test looks at the reason for annexing the item.

It may be that a chattel becomes a fixture if the purpose of placing the chattel in that specific place was to ‘enhance the land’ or make the land more beautiful as a whole.

In some circumstances, an item which is not actually fixed to the land but which appears to form an integral part of it may still be regarded as a fixture. This best example of this concerned ornamental garden furniture such as stone statues, seats and vases, which were held to be fixtures even though they were free standing. The basis of the decision was that the ornaments formed an integral part of the architectural design of the house on the property.

Alternatively, the reason why the object has been securely affixed may have been simply to enjoy the object better as a chattel, in which case the object may remain a chattel despite the fact that it is affixed to the land.

The Courts have long accepted that an object which is affixed merely to facilitate its display, or in order to steady it, is not to be regarded as becoming fixture. A famous example concerns a series of tapestries tacked to strips of wood, which were then affixed to the wall. The tapestries were not regarded as fixtures. Although the first part of the test was satisfied, it was held that the degree of annexation in this case was merely that which was necessary for the display of the tapestry.

Exceptions to the rule

There are three main exceptions to consider.

1. Domestic and ornamental fixtures, i.e. objects that a tenant has affixed to the land for the purpose of rendering it more convenient. Stoves, shelves, lighting equipment, curtains and blinds are all types of domestic fixtures.
2. Trade fixtures, i.e. items which have been affixed for the purpose of carrying on a particular trade to facilitate the storage, handling, and display of their stock such as booths, bars, display cases and lights will generally remain as chattels;
3. Agricultural fixtures, i.e. articles that are annexed for the purpose of farming will generally remain as chattels. They can be also viewed as trade fixtures.

Alternatively, the person selling the land can always include a provision in the contract for sale that gives them a right to remove fixtures.