In the absence of contract stipulating otherwise, which passes with the land: fixtures or fittings?

• A. Only fixtures will pass automatically.
• B. Fixtures and fittings pass automatically, equally.
• C. Only fittings will pass automatically.
• D. None pass automatically.

Answer: (A)

When land is transferred, items that are permanently fixed to it become part of the property by default. This distinction between fixtures and fittings is about permanence and attachment. Fixtures are those items that have been attached in a way that makes them part of the land or building (think built-in wardrobes, fitted kitchens, sinks, light fittings wired into the system). Fittings are movable items brought in for use but not attached in a way that makes them part of the property (like freestanding furniture).

Because fixtures are integrated with the property, they pass with the land automatically. Fittings do not pass automatically; they stay with the seller unless the contract says they should be included in the sale.

So, in the absence of any contract stating otherwise, fixtures pass automatically with the land, while fittings do not.