If a chattel becomes a fixture, the ownership will be transferred to the new owner, if there is a sale of the real property, even if it is not part of the contract.
The courts have developed two tests in order to determine whether an item of property is a fixture or a chattel.
These are known as:
1. The degree of annexation test
According to the degree of annexation test, an article is a fixture if it is attached to land or a building in a substantial manner, such as by nails or screws. The more firmly or irreversibly the object is affixed to the earth or a building, the more likely it is to be classified as a fixture. There must be a physical connection with the land or with something that is part of the land and object.
2. The purpose of annexation test.
The second test is the purpose of annexation test. The purpose of annexation overrides the degree of annexation. If the purpose of annexation for the enhancement of the value of land where the purpose of the attachment is to increase the value of the land, then the item would cease to be a chattel, and thus become a fixture.
If the CCTV is easily removed, then the seller can remove it upon the sale of the property.
Hope this answers your question.
1) CCTV is considered fittings.
2) Seller has the right to remove when they leave.
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