The law of fixtures and chattels: recalibration, rationalisation and reform

Bevan, Chris

Abstract

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.

Citation

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

• Journal Article Type: Article
• Acceptance Date: Nov 18, 2021
• Online Publication Date: Dec 6, 2021
• Publication Date: 2022-06
• Deposit Date: Nov 29, 2021
• Publicly Available Date: Nov 29, 2021
• Journal: Legal Studies
• Print ISSN: 0261-3875
• Electronic ISSN: 1748-121X
• Publisher: Cambridge University Press
• Peer Reviewed: Peer Reviewed
• Volume: 42
• Issue: 2
• Pages: 358-375
• DOI: https://doi.org/10.1017/lst.2021.56
• Public URL: https://durham-repository.worktribe.com/output/1220704