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

Bevan, Chris

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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

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Publisher Licence URL
http://creativecommons.org/licenses/by-nc-nd/4.0/

Copyright Statement
This article has been published in a revised form in Legal Studies, https://doi.org/10.1017/lst.2021.56. This version is published under a Creative Commons CC-BY-NC-ND. No commercial re-distribution or re-use allowed. Derivative works cannot be distributed. © The Author(s), 2021. Published by Cambridge University Press on behalf of The Society of Legal Scholars





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