Fixtures and Chattels: A Question of More or Less...
Author: Luther, Peter
Source: Oxford Journal of Legal Studies, Volume 24, Number 4, Winter 2004 , pp. 597-618(22)
Publisher: Oxford University Press
Abstract:This article investigates aspects of the law of fixtures: items of personal property which have been attached to land in such a way that they have become part of it. The question of whether a chattel has become a fixture can be relevant in a number of contexts, including disputes between vendors and purchasers of land, between heirs and executors of land-owners, and between mortgagors and mortgagees of land. The article looks at the origins (both in Roman and in English law) of the classic tests formulated in the 19th century case of Holland v Hodgson—the ‘degree of annexation’ and the ‘object of annexation’—and traces the development of these in English law from the early 16th century to the end of the 19th century. The writer explores the contribution made to the law by early textbook writers, argues that the case-law does not show the smooth progression that has been claimed for it, and suggests how some of the confusion in the modern law of fixtures has arisen.
Document Type: Research Article
Publication date: Winter 2004
- The Oxford Journal of Legal Studies is published on behalf of the Faculty of Law in the University of Oxford. It is designed to encourage interest in all matters relating to law, with an emphasis on matters of theory and on broad issues arising from the relationship of law to other disciplines. No topic of legal interest is excluded from consideration. In addition to traditional questions of legal interest, the following are all within the purview of the journal: comparative and international law, the law of the European Community, legal history and philosophy, and interdisciplinary material in areas of relevance.