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FIXTURES, RIGHT to Remove Fixture - Coggle Diagram

- - - - If a tenant attaches "Trade fixtures" to the landlord's property, they are allowed to remove them as long as it is during the continuance of their term
        
        Examples:
        
        fixed machinery, office fittings, partitions, petrol pumps
  - - - Can be removed only if the removal of the fixture does not cause substantial injury to the building
      - May not be removed if they form a permanent improvement to the property
      - Example:
        
        ornamental chimney pieces
        
        window blinds
        
        beds fastened to the wall
        
        cupboards
        
        book cases fixed with ties the wall
- - - - Air Conditioners
      - Nailed down benches
- - - - the more securely an object is affixed and the more damage that would be caused by its removal, the more likely it is that the object was intended to form a permanent part of the land
- - - - Is it securely fixed onto the land in a substantial manner?
        (i.e. via screws or nails)
        
        YES
        
        if an article is securely fixed, the burden of proof lies on the party contending that it is not a fixture
        
        NO
        
        The article is a chattel (an article merely resting on the ground)