Day 78: The 13th of October

Hello again, everyone!

Today I mostly just wrote an essay. I don’t know if it is any good and I don’t much care at the moment. The problem with doing something like that all day is that I have very little to actually say in this post. So let’s talk law for a little bit.

My essay was regarding the difference between ‘fixtures’ and ‘chattels’ in regards to land and property. This is an important distinction to make because fixtures; under the Law and Property Act 1925, are assumed to be purchased along with the property itself unless specifically excluded from the contract. So essentially, if the court classifies something you thought you could take away when you sold your house as a fixture, you won’t have that thing for long.

Chattels are just any object or item that is brought onto the land but doesn’t become part of the land itself. This includes nearly everything apart from the usual essential household items. The law runs two tests to determine whether something is a fixture or a chattel, the degree of annexation and the purpose of annexation test.

Those two tests boil down to ‘how strong is the attachment between the object and the land itself?’ and ‘why was the object attached to the land in the first place?’. And while having something embedded in concrete can seem like quite a good case to call that thing a fixture, the purpose test is much more important.

The main thing looked at by the purpose test is whether or not the object was meant as a permanent improvement to the land or not. If it was, such as adding a conservatory to the house, then you probably can’t up and take that away. And obviously that also has a pretty strong link to the land anyway. It’s just an example.

A more palatable example might be your kitchen worktops. They were placed there as a permanent feature, you weren’t planning on only having them temporarily. Also they can be hard to remove without damaging them, which is another important thing to consider. On the other hand ovens can usually be moved around easily without damage.

So yeah, it is all very dry stuff but it is actually a little bit practical to know this sort of thing. I only write this post since literally nothing else happened today. I’ll be doing stuff tomorrow so if this was boring just wait until that post comes out.

Elliott Rogers, novice blog writer extraordinaire.


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