Solicitors Qualifying Examination (SQE) Practice Exa\

In D'Eyncourt v Gregory, the court established that garden ornaments can be classified as fixtures based on their contribution to the overall aesthetic of the property. The judgment focused on the significance of the ornaments as part of the garden’s design and the visual appeal they provide. This indicates that the functionality or fixity of the ornaments alone is not the sole determinant for considering them as fixtures; rather, their role in enhancing the property's character and the intention behind their placement is essential. While functional purpose, permanency, and material might play roles in determining whether an item is a fixture, the primary consideration highlighted in this case revolves around the aesthetic contribution. The court assessed the ornaments not just as individual items but as integral elements of the property’s landscape, aiming to evaluate how they complement the overall aesthetic and the owner’s intention in showcasing them. Thus, an ornament's aesthetic impact can be a critical factor in its classification as a fixture within the context of property law.