Land Law XVII – Fixtures and Chattels

In Short v Kirkpatrick (1982) (High Court of Wellington) the tenants at a lawyer’s office had partitions installed that were affixed to the floor with ramjet pins and attached to the ceiling with nails. The partitions were removable partitions, and it was possible to remove the partitions without causing any damage to the premises.

The matter was brought before a judge and the question that was to be decided was whether the partitions were permanently affixed to the premises or were landlord fixtures or fixtures per se or whether the partitions were tenant fixtures (chattels). It was held that the partitions were tenant fixtures (chattels).

Copyright © 2019 by Dyarne Jessica Ward

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