Legal Thought of The Week

Does The Fixture Or Fitting Form Part Of The Property Sold?

Disputes often arise between sellers and purchasers as to what is regarded as fixtures and fittings forming part of the property sold. Think of awnings, chandeliers, security doors, fitted mirrors and similar examples. In our law, in the absence of express agreement, three factors will determine whether a fixture or fitting has acceded to the property in such a way as to form part thereof. These are:

1. the nature and the purpose of the thing affixed to the property;
2. the manner in which it is attached; and
3. the intention of the owner at the time of attaching it to the property.

These are general guidelines crystallized from case law and are not necessarily simple to apply in practice. Our advice is to address this issue in the agreement of sale and to draft a comprehensive list of what is included in the sale of the property. This could save both parties a lot of time and frustration.

Source  -  STBB