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Disputes often arise between sellers and purchasers as to what is regarded as fixtures and fittings forming part of the property sold.
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Think of awnings, chandeliers, security doors, fitted mirrors and similar examples. In our law, in the absence of express agreement, three factors will determine whether a fixture or fitting has acceded to the property in such a way as to form part thereof. These are:
These are general guidelines crystallized from case law and are not necessarily simple to apply in practice. Our advice is to address this issue in the agreement of sale and to draft a comprehensive list of what is included in the sale of the property. This could save both parties a lot of time and frustration.
For assistance with your deed of sale, contact your local STBB conveyancer before putting pen to paper.
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*Article credit: STBB