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In order for a court to decide how to distinguish a fixture from a chattel the courts generally consider two tests in deciding the issue: the degree of annexation of the object to the land; and the purpose of the annexation
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(a) In order for a court to decide how to distinguish a fixture from a chattel the courts generally consider two tests in deciding the issue: the degree of annexation of the object to the land; and the purpose of the annexation When considering the degree of annexation the general rule is that 'unless an item is physically attached to the land, it will not be considered as a fixture'.1 However this is some cases is not always true and so it becomes necessary to add a third category to 'fixtures and fittings', that is to say, 'items which are brought onto the land and become part of it, without properly being regarded as fixtures at all'.2 A recent case in which this issue arose was Elitestone v. Morris.3 The main question in the case was whether or not the bungalow on the land was a building or a chattel. The...
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