Faurie Nell Inc - Attorneys Notaries Conveyancers
Home What We Offer How We Do It Calculators Online Progress Report Knowledge Centre Client Experience Contact Us
 
 

 

Fixtures Remain and Fittings Go when Selling your Home

 
Publications
FAQ
Ghost Convey Articles

 

 

 

 

 

 

 

 

 

 

 

 

 

Get Adobe PDF Reader
Get Adobe PDF Reader

   
 

The assumption is that any item attached or fixed to the property constitutes a fixture or fitting and that all loose items are moveables and therefore not included in the sale of the property unless otherwise agreed.


Generally this is true but there is a distinction in law that defines fixtures and it is essential to be aware of this as there are some exceptions.


The threefold-test was set out as follows in MacDonald Ltd v Radin NO and Potchestroom Dairies & Industries Co. Ltd 1915 AD 466-467:

  • The nature of the particular article;
  • The degree and manner of its annexation; and
  • The intention of the person annexing it.

The object must, by nature, be capable of becoming part of the property itself and have the character of belonging essentially to immovable property. There must be an effective attachment, either by sheer weight or physical connection, and there must be an intention that it be a permanent feature of the property. The key question here to ask is whether it is intended to be permanently annexed to the specific property or not. This is the fundamental principle to apply in each case to determine if something is a fixture or fitting or not. Fixtures and fittings are a category of fixed assets.

 

Click here to read more [PDF]


Back to Top


Legal Disclaimer     |     Sitemap
Copyright © Faurie Nell Inc, All rights reserved