DOCTRINE OF FIXTURES
- This doctrine evolved to define or view a thing which is chattel once but has later
become a part of the land. In India, it is defined as a permanent attachment or
fixed real property. This doctrine is invoked to fulfil the legal requirement to deal
with the matter relating to determining the chattel and fixture.
Meaning
- Fixtures mean the things which are physically attached to lad become the part
and property of the landowners.
- In Indian law, the movable property assumes to be immovable property for the
legal purpose is called fixtures.
- The things embedded into the earth or what is so embedded for the beneficial
enjoyment which is regarded as immovable property.
- When a property is considered as a fixture any dealing with the property should
possess the legal requirement to deal as immovable property. If the chattel is
fixed to the soil or land by any means it is presumed to be an immovable
property and as a fixture.
- In English law, chattels are also considered immovable property. Whatever
planted onto the soil, belongs to the soil.
Requirement to consider the chattel as Fixture
- There are 2 modes to consider whether the chattel is a fixture. They are;
• Mode of annexation
• Purpose of annexation
Mode of Annexation
- If the chattel is aJixed in the land without any other means, it is not immovable
property.
- The chattel must be fixed with nails or any other means.
- If there is an intention to make the chattel fixed inn the land or soil or part of the
land then it is an immovable property.
Purpose of Annexing
- If the thing is attached to the land or soil for permanent enjoyment then it is
presumed to be a fixture.
- When the attachment is made for the beneficial enjoyment of the landlord and
the same is value to the land, it shall be considered as the immovable property
on considering the intention of the land owner.
Circumstances to invoke the distinction between Chattels and Fixtures:
- When there is a dispute between a vendor and a purchaser.
- When the chattel becomes the part of the land and as a part of the mortgage.
