Fixtures
6 Fixtures
s. 6
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.
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.
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.
A lessor who removes fixtures to which subsection (3) applies is liable to make good damage done to the land in removing fixtures.
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.
An owner who removes fixtures to which subsection (5) applies is liable to make good damage done to the land in removing the fixtures.
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.
s. 6
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.
S. 7 amended by Nos 106/1993 s. 4, 88/1998 s. 7, repealed by No. 74/2010 s. 4.
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S. 8 amended by Nos 88/1998 s. 8, 44/2001 s. 3(Sch. item 14), repealed by No. 74/2010 s. 4.
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S. 9 repealed by No. 74/2010 s. 4.
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S. 10 amended by Nos 88/1998 s. 9, 44/2001 s. 3(Sch. item 14), repealed by No. 74/2010 s. 4.
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Ss 11, 12 repealed by No. 74/2010 s. 4.
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s. 10
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Pt 3 (Heading and ss 13–28) amended by Nos 52/1988 s. 161(Sch. 6 item 1) (as amended by No. 20/1993 s. 27(1)(a)), 44/1989 s. 41(Sch. 2 item 4.2), 106/1993 ss 5–13, 46/1998 s. 7(Sch. 1), 88/1998 ss 4(b)(c), 10, 11(1)(2), 92/2001 s. 30, 110/2004 s. 3, 81/2006 s. 33, 74/2007 ss 30–38, repealed by No. 74/2010 s. 5.[1]
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Pt 4 (Heading and ss 29–32) amended by Nos 106/1993 s. 14, 88/1998 s. 11(3), 99/2000 s. 18, substituted as Pt 4 (Heading and ss 29–45) by No. 74/2010 s. 6.
Part 4—Savings and Transitional Provisions
S. 29 substituted by No. 74/2010 s. 6.
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