ABSTRACT
The law relating to fixtures is concerned with categorisation: it examines when an independent chattel is to be regarded as having become a part of the land. Basically, a fixture refers to a personal chattel which has become so annexed to land that it loses its independent status and is subsequently regarded as constituting a part of the land itself. As noted by Sir Frederick Jordan in Australian Provincial Assurance Co Ltd v Coroneo (1938) 38 SR (NSW) 700:
Land will automatically include certain objects which are naturally affixed to it, such as trees, plants and streams, and it is not necessary to prove that these natural objects comply with the fixture tests. Where, however, a separate chattel is attached or annexed to the land in some way, it is necessary to consider whether or not the attachment is such that it changes the character of the item and effectively transforms the object into a part of the land. Where this occurs, the chattel will be categorised as a fixture. Such categorisation will depend upon proof that the established fixture tests have been satisfied. Where a chattel has become a fixture, it will constitute real property from that point onwards. Alternatively, if the fixture tests are not satisfied, the object will continue to be categorised as a chattel.
