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D'Eyncourt v Gregory (1866) LR 3 Eq 382

The court was required to determine if some tapestries, some ornamental statues of lions in the hall, staircase and gardens, some vases resting in nitches and stone garden seats were fixtures or chattels.

Held:

The tapestries were fixtures as they were integral to the decoration of the room where they attached as wallpaper or frescos. The statue of lions, the garden seats and vases were also fixtures as they formed part of the overall architectural design.

 

Lord Romilly MR:

 "I think it does not depend on whether any cement is used for fixing these articles, or whether they rest on their own weight, but upon this--whether they are strictly and properly part of the architectural design for the hall and staircase itself and put in there as such, as distinguished from mere ornaments to be afterwards added."

Back to lecture outline on fixtures and chattels in land law