Fixtures
Property Law

Fixtures are chattels that, in law, have become part of the land due to the affixation to the land or a building upon it. Whether property on land is properly consider a fixture or in the alternative a chattel is important in the sale land, as the purchaser automatically owns the fixtures as part of the purchase, unless they are excluded in the contract for sale of the land.

There are two tests that may be applied. Firstly, the degree of annexation test says that the chattel does not become part of the land unless it is connected to the land or building in a substantial way. Satisfaction of the object and intention of annexation test requires that the chattel has been fixed to the land with the intention of permanently improving the land.

Fixtures that are in place prior to a mortgage being entered into may not be removed by the mortgagor, however fixtures may be removed that have been affixed after the date of the mortgage.

A landlord is entitled to remove fixtures affixed by a tenant and there are exceptions where the fixtures relate to agriculture, amongst others. Damage caused in the course of removing fixtures affixed must be made good and there is an obligation to leave the premises in a reasonable condition.