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Finance & Accounting
Pages 12 (3012 words)
The Major Difference Between Fittings and Fixture in Land Law. Introduction The Latin maxim quicquid plantatur solo, solo cedit which means that everything attached to land is a part of it underscores the significance of distinguishing between fixtures and fittings.1 To this end a fixture refers to any item that is attached to the land to such an extent that it is regarded as immovable property.2 Fittings are generally regarded as chattels and are thus movable property and do not run with the land.3 The major difference between fittings and fixtures is therefore the difference between what items a purchaser can expect to own relative to the conveyance of realty.4 The courts have devised tests
This paper examines the major differences between fixtures and fittings by reference to case law. Distinguishing between Fixtures and Fittings The early case of Holland v Hodgson is a good place to start as it established two test for distinguishing between fixtures and fittings. In this case, the question was whether or not looms that had been installed at a factory could be regarded as part and parcel of the factory. Blackburn J stated that in order to determine whether or not an item was a fixture or a fitting it was necessary to consider the extent of the annexation and its purpose. ...
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