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The Doctrine of Fixtures in Property Law
Course: Property Law (LAW 2112)
58 Documents
Students shared 58 documents in this course
University: Monash University
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DOCTRINE OF FIXTURES
STEP 1: Is the object specified in the contract ?
The doctrine of fixtures only applies when a contract does not expressly specify
whether an object runs with the land.
On the facts, the contract does/does not specify whether the object is a chattel.
Therefore it is a fixture/it could be a chattel.
STEP 2: What is the presumption & burden of proof (“BOP”)f ?
If the object is resting on its own weight, the court will presume that the object is a
chattel. (NAB v Blacker). The BOP is on the party wanting to prove that it is a fixture.
If the object is attached to the land, the court will presume that the object is a
fixture. (Belgrave Nominees) The BOP is on the party seeking to prove the object is a
chattel.
NB: An object compromising of several parts can have each part considered
separately. (NAB v Blacker)
STEP 3: What is the degree of annexation (attachment)?
Consider these factors per Conti J (NAB v Blacker)
Would removal cause damage to the land or the building to which it is
attached?
Would removal cause damage to the object itself?
How is it attached? How strong?
Would the cost of removal exceed the value of replacing the item?
STEP 4: What is the object of annexation (attachment)?
The intention of the parties at the time of fixing the object should be considered. If the object is attached to ‘improve
the land’ it is a fixture. Consider below factors from NAB v Blacker:
Purpose of enjoyment: Was the object fixed to promote the enjoyment and use of the land? (Belgrave
Nominees) Or was the object attached to promote the enjoyment of the object itself? (Leigh v Taylor)
Nature of the Chattel: If it would be absurd to classify the object as a fixture when it should be a chattel and
vice versa. (Compare NAB v Blacker and Belgrave Nominees).
PERMANENCE: Is the object attached permanently or temporarily>
FUNCTION OF ANNEXATION: Is it crucial and necessary to the property?
STEP 5: Consider Available Case Law
NAB v Blacker; Belgrave Nominees; Leigh v Taylor
STEP 6: CONCLUSION
On balance, if the above tests are made out, the object is a fixture and will run with the land.
On balance, if the above tests are not made out, the object is a chattel and does not run with the land.
NAB v Blacker
Blacker defaulted on his mortgage so
NAB entered into possession to sell
the property. Blacker removed
equipment from the property. The
court defined the test for
determining whether an object is a
fixture and held individual
components of systems could be
considered separately.
An irrigation system for use on a
farm made up of several
components. All pumps, valves and
sprinklers were chattels as they
could be easily removed without any
damage or inconvenience, as that
was their intended purpose.
Leigh v Taylor
A tapestry handing on a hood. Only
way to admire the tapestry was by
handing it up. Cost nothing to
remove, and only slight disturbance
to wall when removed. Found to be
a chattel.
Belgrave Nominees]
Air conditioning unit was found
to be a fixture, even though was
only connected by 4 bolts. Object
was fixed to promote the
enjoyment and use of the land.
