Understanding Annexation and Fixtures
Understanding the distinction between fixtures and fittings depends on annexation. An item is attached or fixed to land or structures through annexation. An item that has been annexed is regarded as a fixture and a part of the property.
The annexation test, however, can occasionally be cut and clarified. For instance, a freestanding washing machine used in the kitchen might be fitting. However, if it is incorporated into the kitchen, it may be viewed as a fixture.
Property Law and the Conveyancing Process
Conveyancing can be a complex process, especially regarding fixtures and furnishings. The UK’s Solicitors Regulation Authority offers guidelines to assist solicitors in navigating these complexities.
Buyers and sellers should agree on the sale contract terms to avoid disputes. This could entail a thorough inventory or even specific provisions regarding particular items. For instance, the contract should expressly state if the seller intends to take a particular light fixture with them.