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What You Should Know About Fixtures On Leased Property - Properties - Nairaland

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What You Should Know About Fixtures On Leased Property by Anderlis(m): 12:20pm On Mar 10, 2017
Property means a thing which is capable of ownership. It also refers to a right of ownership, as “the property in the goods”.
Fixtures are chattels, which are so affixed to the land or to a building on land as to become part of the land. Such chattels lose their character as chattels and pass with the ownership of the land.

The general rule is that the chattel is not deemed to be a fixture unless it is actually fastened to or connected with the land or building e.g. a caravan, or a heavy water tank, however heavy, upon the land does not prima facie make such an article a fixture. If any object or superstructure can be removed without losing its identity it is not regarded as a fixture. An example is a printing machine weighing several tons, standing on the floor and secured by its own weight. The case will be the same if the posts that support the roof of a corrugated iron building are not embedded in the concrete floor, but are held in position by iron strips fixed into the floor. The concrete foundation which is a fixture, is regarded as a separate unit from the superstructure.
But a chattel that is strictly attached to land could be a fixture so as tp form part of the land.

Thus a varadah connected with a house is fixture, as also are doors, windows, chimney pieces etc because these are annexed for the more convenient use of the land or building.

Tenant Fixture

Tenant has the right to attach fixtures to his leased property for his convenience or for the purpose of carrying out his trade but such fixture must be removed before the expiration of his tenancy otherwise they become a gift to the landlord. But any fixture which partakes of the nature of a permanent improvement and which cannot be removed without substantial damage to the house does not come within the exception of an ornamental fixture. For instance a tenant rented an apartment and decides to tile the floor and also beautify the ceiling with (POP) Plaster of Paris during his tenancy. On expiration of his tenancy the tenant has no right to destroy the improvement he has made to the apartment because it will cause damage to the property neither does he has the right to ask the landlord to pay for the improvement. At common law the principle; Quicquid Plantatur Solo Solo Cedit (i.e. whatever is affixed to the soil belongs to the soil.) Buildings form part of the land.

Therefore before affixing anything to a property, you should know the pros and cons.



Source: http://okhunlun..com.ng/2017/03/fixtures-on-leased-property.html

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