Fixtures and Chattels
Chattels are items of personal property. It is a principle of land law that any chattels attached
to land, become part of the land and are known as fixtures. This is expressed in the Latin
maxim quicquid plantatur solo, solo credit (whatever is attached to the soil becomes part of
it).
It is important to distinguish between fixtures and chattels as this will affect ownership
rights of the items. A fixture will always belong to land owner whereas a chattel may belong
to another. It is especially important to distinguish fixtures from chattels when there is a
transfer in ownership of the property.
Any items that are fixtures will belong to the transferee. If it is a sale of the land, the
ownership of the fixtures transfers as soon as the contract of sale is binding and the seller can
no longer remove these items from the property.
Another time when it is highly relevant to know if items are fixtures or chattels is when a
tenant attaches his own items or those belonging to another to the property. This would
transfer ownership to the landlord and the tenant is not entitled to remove the items at the end
of the tenancy.
Also at times, the courts have been required to determine if dwellings are chattels or fixtures
to determine if tenants are protected by the Rent Acts:
Elitestone v Morris [1997] House of Lords
Mew v Tristmire Ltd [2012] Court of Appeal
Chelsea Yacht v Pope [2000] Court of Appeal
Fixture or Chattel?
Where a chattel is physically attached to the land this will prima facie indicate that it is a
fixture:
Holland v Hodgson (1872)
However, physical attachment is not always conclusive the courts will take into account both
the degree of annexation and object of annexation. The operation of this test can be seen in:
Leigh v Taylor [1902] (tapestries attached to planks, chattels)
D'Eyncourt v Gregory (1866) (integrated into architectural design, fixture)
Berkley v Poulett [1976] EWCA Civ 1 (mansion museum, chattels as per purpose)
Chattels are items of personal property. It is a principle of land law that any chattels attached
to land, become part of the land and are known as fixtures. This is expressed in the Latin
maxim quicquid plantatur solo, solo credit (whatever is attached to the soil becomes part of
it).
It is important to distinguish between fixtures and chattels as this will affect ownership
rights of the items. A fixture will always belong to land owner whereas a chattel may belong
to another. It is especially important to distinguish fixtures from chattels when there is a
transfer in ownership of the property.
Any items that are fixtures will belong to the transferee. If it is a sale of the land, the
ownership of the fixtures transfers as soon as the contract of sale is binding and the seller can
no longer remove these items from the property.
Another time when it is highly relevant to know if items are fixtures or chattels is when a
tenant attaches his own items or those belonging to another to the property. This would
transfer ownership to the landlord and the tenant is not entitled to remove the items at the end
of the tenancy.
Also at times, the courts have been required to determine if dwellings are chattels or fixtures
to determine if tenants are protected by the Rent Acts:
Elitestone v Morris [1997] House of Lords
Mew v Tristmire Ltd [2012] Court of Appeal
Chelsea Yacht v Pope [2000] Court of Appeal
Fixture or Chattel?
Where a chattel is physically attached to the land this will prima facie indicate that it is a
fixture:
Holland v Hodgson (1872)
However, physical attachment is not always conclusive the courts will take into account both
the degree of annexation and object of annexation. The operation of this test can be seen in:
Leigh v Taylor [1902] (tapestries attached to planks, chattels)
D'Eyncourt v Gregory (1866) (integrated into architectural design, fixture)
Berkley v Poulett [1976] EWCA Civ 1 (mansion museum, chattels as per purpose)
