header-logo header-logo

Don’t get in a fix over fixtures

25 July 2014 / Deborah Caldwell
Issue: 7616 / Categories: Features , Property
printer mail-detail
property_caldwell

Deborah Caldwell explains why tenants’ lawyers should think carefully about ownership & removal rights of tenants’ trade fixtures

The law governing the distinction between fixtures and chattels is complex and has undergone numerous refinements over the years. The importance of the distinction, in practical terms, is that if an object is a fixture, it is treated as forming part of the land, (and will pass with the land), whereas a chattel remains independent from the land.

Fixtures are chattels that become part of the land as a result of annexation to it, and annexation is a question of fact depending upon the:

  1. degree of annexation; and
  2. purpose of the annexation.

In considering (i), the relevant tests are:

  1. how firmly is the object fastened or affixed to the land; and
  2. can it easily be removed without injury to itself or to the fabric of the building?

In considering (ii), the question is whether the article was affixed:

  1. for the permanent and substantial improvement of the building, in which
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll