4013LAW Lecture 2: 02-Fixtures-and-Fittings
24 Jul 2018
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Document Summary
If the item is affixed it is presumed to be a fixture, the onus of proof is on the person alleging that it is not a fixture. Fittings: not part of the property (chattel). If the item is freestanding it is presumed to be a chattel and the onus of proof is on the person alleging it is a fixture. Fixture or fitting tests: degree of annexation is determined by: Whether removal would cause damage to the property; Whether removal would destroy or damage the item; and. Whether the cost of removal would exceed the value of the item: object of annexation is identified by: Whether attachment is for better enjoyment of the property; Whether the item was intended to be permanent or temporary; and. The function served by the annexation of the item. Intention of the parties: palumberi v palumberi.
