This article examines the law of fixtures and chattels which governs the circumstances in which items of personal property that are attached to land become part of that land. Whether a chattel has become a fixture is crucial in a range of contexts including when land is sold or mortgaged. However, the law of fixtures has long garnered a reputation for complexity and obscurity; a position that endures today. Through examination of historical accounts and decided case law, this article explores the reasons for this reputation; identifies the central deficiencies and defects inherent in the law and argues that the existing approach is anachronistic, inconsistent and incoherent. Building on this, the article concludes by proposing a new framework for rationalisation and reform which would bring long-overdue certainty and clarity to the law in this area.
Bevan, C. (2022). The law of fixtures and chattels: recalibration, rationalisation and reform. Legal Studies, 42(2), 358-375. https://doi.org/10.1017/lst.2021.56