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2.When Shane and Liz bought their house in 2012 they added a number of items to

ID: 391156 • Letter: 2

Question

2.When Shane and Liz bought their house in 2012 they added a number of items to their property including:

A shade-cloth over their large swimming pool; A clothes dryer in the utility room; A dish washer in the kitchen; Blinds in the bedroom replacing the curtains that were previously there; and A folding clothes line in the back garden.

(a)   Explain the difference between a fixture and a chattel and the tests employed to determine whether an item is a chattel or a fixture.

(b)   Using those tests, which you have identified in (a), explain whether each of the items listed above would be a fixture or a chattel.

Explanation / Answer

Chattels and fixtures are the kind of furniture, but distinguished can be made between them on behalf of whether the furniture can be removed from property with detaching from property or not.

Fixtures are those goods which are fixed to the property and can not be removed out of the property without causing damage to the property.

Chattels can be defined as the belongings of the owner which are not attached to the property/land other than by their own weight.

Test to identity whether an item is Chattel or Fixture:

1. Check whether the item is attached/fixed to the property or not. If it is attached it will be fixture and if not it will a Chattel.

2. If an item say any Chattel fixed to the property by any means it will be considered as fixtures.

Depending upon on above tests, Shade clothes, clothes dryer, folding clothes line in back garden are items to be included in Chattels.

Blinds in the bedroom are fixtures as whenever they will remove from property it will cause damage to the property.

Dishwasher can be fixture or Chattel, depends fixed to the cabinets or not. If it is plumbed to the property it will be fixture and if not it will be considered as Chattel.

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