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the doctrine by which most legal systems (including those of England and Scotland) accept that eventually moveable property can become real or heritable by affixing the moveable thing to the realty or heritage. In Roman law, in civilian jurisdictions including Scotland, reference is often made to the maxim inaedificatum solo, solo cedit: 'that which is attached to the land accrues to the land.' Unfortunately, the precise rules differ from system to system and from occasion to occasion, thus what is fixed between heir and estate is not always the same as between buyer and seller or between landlord and tenant. Thus, to sell the land is to sell the buildings on it. To sell a shop is to sell the shelves on the wall. In difficult cases, two main factors are often considered:(1) the ease of movement; thus, even heavy machinery that is not bolted to the ground may be a fixture; (2) the damage done by removal, often making easily moveable things that are bolted to walls fixtures.
Collins dictionary of law. W. J. Stewart. 2001.
- fixtures
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Chattels or goods that have been fixed to land or a building so as to become part of it. Ownership of a fixture passes with the property.Whether something has been affixed to property so as to become a fixture is a question of fact. The answer partly depends on the extent to which the chattel is attached to the land or building and also how it is affixed. The purpose for which the chattel was annexed to the land or building is also relevant.The term "fitting" is imprecise. Depending on the context, it might refer to a fixture or to a chattel that is attached to land or a building, but is different from a fixture due to its nature, or the purpose or method of attachment. Some uses of the term "fitting" will cover, or at least not differentiate between, the two possibilities.+ fixturesUSAGoods that have become so related to particular real property that an interest in them arises under real property law (UCC §9-102(41)).
Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010.
