First Principles of Business Law

Property law

3. Property rights in chattels

3.4.5. Ownership of things that are joined together

 

 

 

When making kitchen units, one of the last things Albert does is attaching handles to the cupboard doors and drawer fronts. If Albert attaches handles that do not yet belong to him to cupboards and drawers that he has made, can the owner (such as an unpaid supplier who has reserved ownership) require Albert to remove and return the handles?

(a) If one thing is attached to another thing such that neither of them lose their identity, and the thing that has been affixed can be reasonably removed, then the ownership of the individual items is not affected by their joining together.

(b) If one thing is attached to another thing such that neither of them lose their identity, the ownership of the thing that has been affixed passes to the owner of the thing it was affixed to, even if the thing that has been affixed can be reasonably removed.

 

 

 
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