Under s 28(2) of the Landlord and Tenant Act 1958 (Vic), chattels affixed by a tenant remain the tenant's property and do not form part of the realty until the right of removal expires, with the consequence that their value cannot be included in stamp duty valuations of the estate transferred. For stamp duty purposes under the former Stamps Act 1958 (Vic), equitable interests in fixtures held by third parties constitute 'outstanding proprietary interests' within the meaning of Pioneer Concrete and must be taken into account in valuing the estate transferred under s 63(3)(b)(i)(B).
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