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

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