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Excess-Recovery-and-the-Client

Fixtures and fittings when selling property

This information is placed with the kind permission of Millers Attorneys.

The issue of fixtures and fittings can be very contentious, primarily because there is no law that specifies what should be left in the house and what should be removed. Different buyers and sellers have different expectations and it is wise to clarify what will be included with the property in the early stages of the sale proceedings.

The assumption is that any item attached or fixed to the property constitutes a fixture or fitting and that all loose items are moveables and therefore not included in the sale of the property unless otherwise agreed.

The threefold-test to define fixtures is set out in a 1915 court case, being:

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