Victorian Consolidated Legislation

Chattel Securities Act 1987 - SECT 6

Fixtures

6. Fixtures



(1) If, after a security interest attaches, goods subject to the security
interest are affixed to land and become fixtures, the fixtures, for the
purposes of the exercise of the secured party's right to take possession of,
remove or sell the goods, shall be deemed not to have become fixtures.

(2) A secured party who removes fixtures to which subsection (1) applies is
liable to make good damage done to the land in removing the fixtures.

(3) If, after a lease of goods is made, goods subject to the lease are affixed
to land and become fixtures, the fixtures, for the purposes of the exercise of
the lessor's right to take possession of the goods, shall be deemed not to
have become fixtures.

(4) A lessor who removes fixtures to which subsection (3) applies is liable to
make good damage done to the land in removing fixtures.

(5) If, after a hire-purchase agreement is made, goods subject to the
agreement are affixed to land and become fixtures, the fixtures, for the
purposes of the exercise of the owner's right to take possession of the goods,
shall be deemed not to have become fixtures.

(6) An owner who removes fixtures to which subsection (5) applies is liable to
make good damage done to the land in removing the fixtures.



(7) Despite this section, a secured party is not entitled to take possession
of goods that have become affixed to land and become fixtures if, after the
goods have become so affixed, a person other than the secured party has
acquired an interest in the land for value in good faith and without notice of
the security interest of the secured party.

(8) If goods subject to a security interest were affixed to land after an
offer to enter into the agreement giving rise to the interest was made, but
before the offer was accepted, the goods, for the purposes of this section,
shall be deemed to have been affixed to the land after the agreement was made.