materials. By deduction, therefore, a trade fixture is not a fixture at all. Its name is misleading, since a fixture, by definition, is real property that must remain with the real estate when a seller sells it or a tenant leaves her lease. A trade "fixture" is not real property, but personal property of the tenant. The landlord does have some protection. Any damage to the real property caused by the tenant’s removal of trade fixtures must be repaired or paid for by the tenant. If a trade fixture is not removed when the tenant moves out, those trade fixtures become the landlord’s property through the process of accession. For example, if a restaurant goes bankrupt and the owner forgoes his right and the expense of removing all the kitchen equipment, dining booths and other trade fixtures, those trade fixtures become the landlord's property. In this manner, they will no longer be trade fixtures and can actually become regular fixtures, hence real property. Law in Australia In the absence of agreement between the parties, the doctrine of fixtures, subject to statute, operates to resolve contests concerning title to objects. Whether a chattel by its nature, becomes a fixture by virtue of all the circumstances, surrounding their annexation to land, depends upon (i) the purpose and (ii) degree of annexation. Semble, it is a mixed question of fact and law, to be determined objectively, the subjective intention being a consideration. Intention of annexation Intention may be ascertained from the annexing party's relation to the land’s possessor, when the chattel’s use is contemplated, not from the party's agreement. Objects brought onto land by tenants may become fixtures, and this fact may be a significant determining factor. Purpose of annexation Since Palumberi v Palumberi, greater emphasis has been directed to the purpose of annexation. Each case depends upon its own facts, however a guiding test, is whether a chattel has been fixed with the intention that it shall remain in position 'permanently or for an indefinite or substantial period', or only for some temporary purpose. Degree of annexation Where the object is not resting by its own weight, this will raise the rebuttable presumption, that the chattel is a fixture. Non-affixed objects may become fixtures especially when they will be used for an extensive period. Further indicators include whether the object can be detached without substantial damage being caused, whether it was fixed