Method of Attachment

A. A landlord leased a two bedroom house for one year. The tenant during that year nailed a bookcase to the wall of the second bedroom. The tenant also poured a cement patio slab and bolted down four patio chairs, one table and a pink cement flamingo.

When his lease was up, the tenant took down the bookcase and unbolted the four chairs, one table and the cement flamingo but left the cement patio slab with embedded bolts sticking up. The landlord believes that the bookcase, four chairs, one table and the cement flamingo must stay with the house because they are fixtures. The lease agreement does not specify the rights regarding fixtures.

1. Who has the right to the bookcase, four chairs, one table and the pink cement flamingo?
2. Justify the reasons for your decision using the five tests for fixtures.
3. What could have been done to avoid this dispute?

B. How many acres are in the W1/2 of the NE1/4 of the SE1/4 in the example of a section? Please contact me (click on the ‘Inbox’ icon to the left of the screen) if you do not understand this question and we will work through it together.

TESTS OF FIXTURES

5 tests:

1. Method of attachment

2. Adaptability

3. Intention

4. Relationship of the parties

5. Agreement