Publication Type
Journal Article
Version
acceptedVersion
Publication Date
6-2021
Abstract
This article examines the impact of the doctrine of fixtures on the supply of goods on retention of title terms, particularly where the goods have been affixed to a land that is encumbered by a pre-existing mortgage. As the law now stands, the mortgagee invariably prevails in a priority contest, leaving the supplier with no effective way of protecting its interest. It is argued that the currently broad definition of a fixture requires rethinking to achieve a more balanced treatment of the two parties.
Discipline
Property Law and Real Estate
Research Areas
Private Law
Publication
Conveyancer and Property Lawyer
Volume
85
First Page
167
Last Page
182
ISSN
0010-8200
Publisher
Sweet and Maxwell
Embargo Period
8-3-2021
Citation
See, Alvin W-L.
Fixtures, mortgages and retention of title clauses. (2021). Conveyancer and Property Lawyer. 85, 167-182.
Available at: https://ink.library.smu.edu.sg/sol_research/3280
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.