🕋Fixtures and Chattels

Fixture

-items that are affixed or attached to the land in such a way that they become part of the real property

-considered permanent additions to the land

Example: A homeowner installs a built-in fireplace in their living room. The fireplace is securely attached to the wall and the chimney, becoming an integral part of the property and can be easily removed without causing damage to the land

Chattel

-moveable items that are not permanently attached to the land

-they remain personal property

Example: A tenant brings in their own furniture, including sofas, tables and chairs into a rented apartment. These items are moveable and can be taken away when the tenant vacates the property

Main Differences:

🕋(a)  Intention

Landmark English Case: Leigh v Taylor; Items intended to be permanent improvements to the property are considered fixtures.

Caribbean Example: In Joseph v Liverpool Corporation; despite an item being firmly affixed to the land, the court ruled it a chattel due to the parties' intention of retaining its moveable status.

Fixture

-the intention behind annexing a fixture is to permanently enhance the real property

Chattel

-the intention behind annexing a chattel is for temporary use or a specific purpose, with the understanding that it remains distinct from the real property itself.

🕋(b)  Degree of annexation

Landmark English Case: Holland v Hodgson; Items that are firmly affixed to the land are more likely to be considered fixtures.

Caribbean Example: In Lewis v Davis; the court ruled that a structure attached to the land by cement was a fixture due to its substantial degree of annexation.

Fixture

-fixtures are characterized by a high degree of annexation, where they are essentially integrated into the real property

Chattel

-chattels maintain their status as separate and movable property with minimal attachment to the real property.

🕋(c)  Mode and purpose of annexation

Fixtures

-Fixtures become part of the real property and are intended to be permanent enhancements

Chattel

-chattels are movable personal property annexed for temporary use or specific purposes.

🕋(d)  Custom and usage

Fixture

-Fixtures are generally treated as part of real property

-Customarily, fixtures are included in the sale or transfer of real property unless explicitly excluded

-They are typically included in property assessments, mortgages, and insurance policies

Chattel

-chattels are considered movable personal property.

-They are often bought, sold, or transferred separately from real property.

-Chattels are also subject to different taxation and insurance considerations compared to fixtures.

🕋Exceptions and Considerations

1.Trade Fixtures: Trade fixtures are items installed by a tenant for the purpose of conducting business. They may be removable by the tenant at the end of the lease.

English Case Example: D'Eyncourt v Gregory; The court recognized the distinction between trade fixtures and permanent fixtures, allowing the tenant to remove certain items installed for trade purposes.