What are the laws on fixtures and fittings in Nigeria? Are there definite laws binding the treatment of fixtures and fittings to save challenges with landlords and tenants? In this article, we seek to explore the details of the laws on fixtures and fittings in Nigeria. Let’s begin with the consequent vital definitions.
What Are Fixtures?
A fixture is any item that is attached to the floors or walls of a building. It’s permanently fixed to something and cannot be removed or taken away wherever it is fixed.
We attach them to houses, lands, homes, or other forms of real property. This implies that it becomes a part of the real property. Hence the name – fixtures.
Cement, plasters, bolts, screws, nuts, or nails are used to affix the object of fixtures to the property. Oftentimes, we would find them used for domestic purposes. However, they are also for ornamental use, agricultural or trade purposes.
Domestic and ornamental fixtures are for comfort. For instance, tiles fixed on the floors and walls of a home are for beauty and comfortable habitation. On the other hand, agricultural fixtures are strictly objects affixed for farming purposes. Lastly, trade fixtures are items traders affix (for business use) to rented properties.
Examples of fixtures include the following:
- Bathroom suite (sink/bath/toilet)
- Central-heating boilers, radiators, or coolants
- Built-in wardrobes/cupboards
- Paintings inscribed on the wall
- Plugs
- Kitchen units
- Light equipment
- Shelves
- Chimney grates
- Blinds
- Beds fastened to walls
- Furnace
- Counters
- Kitchen Islands
- Sprinkler System
Let’s now have a look at what fittings are.
What Are Fittings?
Fittings are items that can stand alone. Unlike fixtures, you don’t fix fittings. Rather, you hang them with a nail or hook.
Examples of fittings include:
- Paintings or mirrors hung or screwed to a wall
- Carpets
- Curtains
- Free-standing ovens, refrigerators, air conditioning units and washing machines
- Beds/sofas and other free-standing items of furniture
- Lampshades
- Television aerials and satellite dishes
Parties in property transactions must be fully aware of the legal position as regards their fixtures and fittings. This will eliminate fights and disagreements over rightful ownership in the event of rent or lease expiry. Therefore, this is the essence of this article.
We seek to explore laws on fixtures and fittings, thereby identifying the legal position on ownership in Nigeria between landlords and tenants. Let’s get into it.
Ownership Of Fixtures and Fittings (What The Law Says)
Under common law equally applicable in Nigeria in the absence of express provisions, the principle, ‘quic quid plantatur solo solo cedis’ applies.
Here, whatever is attached to the land forms part of the land is and owned by whoever owns the land. This presupposes that the landowner owns the fittings as well.
Conclusion
While there are no definite laws in Nigeria on fixtures and fittings, parties need to ensure well-defined agreements on who owns fixtures and fittings are provided.
It is also advisable that issues relating to ownership of fixtures as well as the fittings be incorporated in the lease or tenancy agreement to reflect the intentions of the parties.
References
- CJ Hole, “Everything You Need To Know About Fixtures and Fittings” available at https://www.cjhole.co.uk/news/fixtures-and-fittings-guide#:~:text=What%20are%20fixtures%20and%20fittings,by%20a%20screw%20or%20nail accessed on September 20 2023
- Uniuyolawclinic, “The doctrine of quic quid plantatur solo solo cedit@ available at https://uniuyolawclinic.wordpress.com/2019/08/13/the-doctrine-of-quic-quid-plantatur-solo-solo-cedit-and-its-application-in-nigeria/ accessed on September 20 2023
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