Doctrine of Fixtures in Property Law

Doctrine of fixtures in property law The doctrine of fixtures is applied to determine if an object is a fixture.1 This common law provides that what is annexed to the land becomes part of the land, “quicquid plantatur solo, solo credit”, and adopts the character of real property.2 For this to transpire all circumstances surrounding the annexation to the land are examined, including but not limited to the degree of annexation and the purpose of annexation.3 Through this both objective and subjective intention are considered to determine if an object is a fixture or a chattel.4 The first object, the rail track, is substantially annexed to the land simply because it is affixed to the “bare earth by means of iron pegs”. 5 Although not impossible to remove, as Hugh did when diverting it for the better use and enjoyment by his daughers, it still is annexed with the outlook that it would remain in place for the longer term.6 In addition when the rail track was initially annexed it was constructed for transportation of the logged trees. This greatly improved the use of the land.7 Even today it provides Hugh’s daughters with an improved use of the land enabling them to “travel around the property”8. This indicates that the rail tracks were intended to remain permanently for the better use and enjoyment of the land and is prima facie a fixture.9 The next object “Grand Central” is best examined in two parts. Firstly as the systems which include the PABX telephone, air conditioning, plumbing and portable generator, and then as the building. All of the systems described would be significantly annexed with some more so than others. Typically the air conditioning unit is annexed to ensure stability, the PABX telephone and plumbing is annexed to keep them in place, and the portable generator may only be lightly annexed if it is affixed at all.
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Despite the degree of annexation all these systems are

important services which provide individual functions to “Grand Central”