In Palumberi v Palumberi (1986) two brothers had equal share in two self-contained flats which they held as tenants in common (an arrangement where two or more people hold an ownership interest in a property). One brother agreed to sell his share to the other and prior to the property changing hands the brother who had sold his shares striped the property, and removed among other things, a stove and the carpets. The question before the courts was whether the items that had been removed were fixtures or chattels.
As per the rule in Holland v Hodgson (1872) whether an item is to be regarded as a fixture or a chattel depends on the facts of each case. It was held that the stove and the carpets were fixtures but all other items were chattels.
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