DOCTRINE OF FIXTURES
Intro: A fixture is a chattel so attached to land that it becomes part of the land. ___
will want to show ____ is/is not a fixture because fixtures run with the land (s 38 ILA). (Check to
see if there is any contractual provision governing fixtures too)
Note also: T who at his or her own cost or expense has installed fixtures on, or renovated, altered or
added to, a rented premises owns those fixtures and may remove them before the relevant
agreement terminates (s154A PLA)
The doctrine of fixtures determines when and in which circumstances an item of personal property
which is attached to land loses its identity as a chattel and merges with the land.
Doctrine of fixtures might be relevant when:
-!Land is sold: fixtures are passed to the buyer under the contract of sale (chattels will only
pass if specifically identified)
-!Land is mortgaged (or charged): a mortgagee’s security interest will generally include
fixtures (but not chattels)
-!Land is leased to a tenant: special rules apply to fixtures installed by a tenant (common law
vs statute)
-!A land owner dies: fixtures automatically pass to those entitled to the real estate not to those
entitled to personal property
-!Land is given by gift: only fixtures will be passed to the new owner (not chattels)
1.!Definition of Land
Property Law Act (PLA) 1958 (Vic) s 18 defines ‘land’ as:any tenure, and mines and minerals
whether or not held apart from the surface, buildings or parts of buildings (whether the division is
horizontal, vertical or made in any other way) and other corporeal hereditaments;
-!also a rent and other incorporeal hereditaments, and an easement, right, privilege, or benefit
in, over, or derived from the land and also an undivided share in land...
Interpretation of Legislation Act 1984 s 38 defines ‘land’ to:Includes buildings and other
structures permanently affixed to land
-!Therefore, once you fix a chattel to the land, can become land = corporeal hereditament
quicquid plantatur solo, solo cedit (whatever is attached to the land forms part of the
land)
2.!Definition of Fixtures
The attachment of a chattel to land results in the chattel becoming part of the land and the landownder
acquiring title to the attached chattel
-!Something that was once personal property (goods or chattels) is transferred to real property
(fixture)
-!Forced divestiture of your personal property right to someone else with a real property right
Tests: Doctrine of Fixtures
-!Annexation is a question of circumstances indicating intention, viz, the degree and object of
annexation (Holland v Hodgson per Blackburn J)
Deciding whether an item is a chattel or a fixture is a question of fact, determined objectively at the
time the item was annexed (or not) to the land. This requires consideration of both:
-!Degree of annexation: how is the item attached to the land?
-!Object of annexation: what is the item attached to the land and why was it attached?
