Fixtures

Fixtures are items that are attached to a property in such a way that they are considered legally part of the property. This concept is particularly relevant in the fields of real estate, property law, and interior design. Fixtures are distinguished from chattel or personal property because they are attached or fixed to the real estate and transferring ownership of the real estate includes the fixtures.

Definition and Characteristics

A fixture is a piece of personal property that becomes real property when it is attached to the land or a building in a permanent manner. The determination of whether an item is a fixture or not can depend on several factors:

• Method of Attachment: If the item is bolted, nailed, screwed, or otherwise securely attached to the property, it is likely considered a fixture.
• Adaptation to the Property: If the item has been specially adapted or built to fit the specifics of the property, it is likely a fixture.
• Intention: The intention of the party who attached the item to the property can also play a role. If the intention was for the item to be a permanent addition, it is more likely to be considered a fixture.
• Agreement: The agreement between the parties involved (e.g., seller and buyer) can include specific terms about what is considered a fixture and what remains personal property.

Examples of Fixtures

Common examples of fixtures include:

• Built-in furniture
• Lighting systems
• Heating and cooling systems
• Windows
• Doors
• Built-in appliances

Legal Implications

The classification of an item as a fixture or personal property has significant legal implications, especially during the sale of property. Fixtures are typically included in the sale of the property, while personal property is not. Disputes over whether an item is a fixture or not can lead to legal challenges.

See Also

• Real estate
• Property law
• Chattel
• Interior design