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Fixtures vs. Chattels – Model Answer This problem concerns the legal distinction between fixtures and chattels, which determines whether Szymon Moszny is entitled to remove certain items before completion of the sale of 15 The Ridgeway to Peter and Rita Baker. A fixture is an item that forms part of the land and passes with the property on sale unless otherwise agreed Elitestone Ltd v Morris 1997. In contrast, a chattel remains a separate item of personal property that the seller may remove Botham v TSB Bank plc 1997. The key test for distinguishing between fixtures and chattels was established in Hellawell v Eastwood 1851 and refined in Berkley v Poulett 1977. This involves two cumulative stages 1. The Degree of Annexation Test – The method and extent to which the item is attached to the land. • If an object is affixed e.g., bolted, cemented, it is presumed to be a fixture. • If it rests by its own weight, it is presumed to be a chattel. • This presumption may be rebutted by considering the second test. 2. The Purpose of Annexation Test – The reason for attachment is more determinative than mere physical attachment Berkley v Poulett. • If the item is attached for the permanent improvement of the land, it is likely a fixture. • If the attachment is for the better enjoyment of the item itself, it remains a chattel Leigh v Taylor 1902. Applying these principles to the scenario 1 The Stone Sundial and Concrete Plinth Degree of Annexation The sundial rests on its own weight, which suggests it is a chattel Berkley v Poulett. In that case, a freestanding sundial was considered a chattel because it could be easily removed without damaging the land. However, the concrete plinth is physically incorporated into the garden patio, which suggests a strong degree of annexation. The removal of the plinth would cause damage to the patio, reinforcing its classification as a fixture. Purpose of Annexation • If the sundial was placed for ornamental purposes alone, it is likely a chattel Berkley. • However, if it was part of an integrated architectural design, as in D’Eyncourt v Gregory 1866, it could be classified as a fixture. • There is no clear evidence that the sundial contributes to the property’s architectural design, so the presumption in Berkley remains unrebutted. Conclusion • Sundial Chattel → Szymon may remove it. • Plinth Fixture → Szymon cannot remove it. 2 The Living Room Shelves Degree of Annexation • The shelves are attached to the walls by brackets, which suggests a fixture Hamp v Bygrave 1983. • However, shelves can often be removed without damage, so the presumption is weaker. Purpose of Annexation • If the shelves are purely functional storage, they may still be a fixture Elitestone v Morris. • If they are intended for easy removal, they might be a chattel Botham v TSB. • The lack of evidence as to the exact method of installation creates some uncertainty, but on balance, they are likely fixtures. Conclusion • Shelves Fixture → Szymon cannot remove them. 3 The Kitchen Washing Machine Degree of Annexation • The washing machine is plumbed into the water and drainage system, indicating some degree of annexation. • However, in Botham v TSB, the Court of Appeal ruled that kitchen “white goods” e.g., washing machines, dishwashers are chattels if they can be easily removed without damaging the property. Purpose of Annexation • If the washing machine is built into cabinetry, it might be a fixture Hamp v Bygrave. • If it is freestanding, it is likely a chattel Botham. • On balance, it is most likely a chattel unless it is part of a fully integrated unit, which the facts do not suggest. Conclusion • Washing Machine Chattel → Szymon may remove it. Final Advice to Peter and Rita Baker Szymon is likely entitled to remove ✔ The sundial as a chattel. ✔ The washing machine as a chattel. Szymon cannot remove ✘ The concrete plinth as a fixture. ✘ The shelves as a fixture. If Szymon removes a fixture, Peter and Rita could seek specific performance to enforce the contract or claim damages for the diminution in property value Holland v Hodgson 1872. Further Considerations • If Peter and Rita reasonably expected certain items to remain, could there be a misrepresentation claim • If the contract is silent, should the courts imply a customary practice e.g., white goods being removed unless specified otherwise • Could there be an estoppel argument if Szymon led them to believe the items were included Conclusion The fixtures vs. chattels distinction ultimately depends on annexation and purpose, with the latter being more determinative. Applying these principles, Szymon can remove the sundial and washing machine but must leave the plinth and shelves. Peter and Rita should clarify expectations in writing to avoid disputes.