The Concept of Fixtures under the Nigerian Land Law

Fixtures in Land Law is a concept that relates to land-they are chattels affixed to the land. Hence, any attempt to go further on the subject-matter is a clear call to the doctrine of Quic Quid Plantatur Solo Solo Cedit. This is a common law doctrine which was received into the Nigerian Land Law. This doctrine receives a widespread of attention from jurists and legal scholars, especially under the Nigerian Legal System. The doctrine of Quic Quid Plantatur Solo Solo Cedit simply means that he who owns a land also owns that which is attached to the land; things attached to it above to the heaven and to the depth of the earth. It is for this reason we earlier submitted that the concept of fixtures is embedded in the above stated doctrine. Click on the link to read an article on the definition and nature of land law.

Fixtures may be defined as chattels which belong to the land; this may include anything that has become so attached to the land that forms part of the land. Fixtures in relation to land are chattels, because they are corporeal objects which may be moved from a point to another or be affixed to the building and may be detached at any time. For example, An Air Conditioner is a chattel (it is a moveable object) but it becomes a fixture as soon as it is annexed to a land or building.

The test usually adopted to inquire whether a chattel is capable of being referred to as a fixture to land is a question of law. The principle adopted overtime by the courts is dependent on the following ingredients:

a) The Decree or Mode of Annexation.

b) The Purpose or Intention of Annexation.

In the case of Holland v Hodgson (1817) L.R 7, Blackbun J. observed thus:

“There is no doubt that the general maxim of law is, that what is annexed to the land becomes part of the land, but it is very difficult, if not impossible to say with precision what constitutes annexation sufficient for this purpose. It is a question, which must depend on the circumstances of each case, as indicating intention, viz. the decree of annexation and the object of annexation.”

The Decree or Mode of Annexation: A chattel qualifies as a fixture if it is fastened to the land or building either by use of nails or screws or any object with which it may be used to fastened it to the wall. The chattel must be dependent on another object in annexing it to the building else it is only a chattel and not a fixture. “It must not merely stand on its weight or on the ground.” For example, a standing fan in a building does not qualify for a fixture, because it is standing on its weight, however, a ceiling fan annexed to the ceiling qualifies for a fixture, because it is not resting on its on weight.

The Purpose or Intention of Annexation: The principle of law as it relates to fixtures provides that a chattel becomes a fixture if it has been attached as a permanent improvement to the land or as part of the architectural design. We are of the opinion that where a tenant secures a floor to the building where he occupies during the period where a valid lease is in operation will be held to be a fixture. We refer you to the case of Vaudeville Electric Co. v Muriset (1920) 2 CH. 74.

In summary, on the expiration of a lease, all fixtures put to the land by the tenant without permission of the landlord, belong to the landlord and become known as landlord’s fixtures. The types of fixtures that may be removed by the tenants are: Trade Fixtures, Agricultural Fixtures and Ornamental or and Domestic Fixtures.

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