| 释义 |
fixture
n. A chattel that has been annexed to land or a building so as to become a part of it, in accordance with the maxim quicquid plantatur solo, solo cedit (whatever is annexed to the soil is given to the soil). Annexation normally involves actual affixation, but a thing resting on its own weight can be regarded as annexed if it can be shown that it was intended to become part of the land or to benefit it (Holland v Hodgson (1872) LR 7 CP 328). A chalet used as a dwelling that merely rests on the land but cannot be removed except by destruction is a fixture (Elitestone Ltd v Morris [1997] 1 WLR 687 (HL)). However, if an object brought onto land as a chattel deteriorates so as to be irremovable except by destruction, it does not therefore become a fixture (Mew v Tristmire [2011] EWCA Civ 912). Fixtures become the property of the freeholder, subject to certain rights of removal (as, for example, in the case of trade fixtures and certain agricultural fixtures). A vendor of land may retain the right to fixtures as against the purchaser by express provision in the contract. |