Fixtures, related to real estate, are items that were originally personal property but are now attached to the property itself. This becomes the toughest issue when tenants attach fixtures to a property. These fixtures may include shelves or anything that is immovable by law. There are five tests of fixture: 1) Method of Attachment: Is it nailed, welded or bolted down? Or is it simple leaning against the building or hanging on the wall? 2) Adaptability: Is the item customized or can it be easily used in other building.? Wall-to-wall carpeting would be considered a fixture because it has been cut for a room of a particular size and shape, and the carpet is attached to a track strip that is nailed to the floor. 3) Relationship: Is relationship between tenant-landlord, a buyer-seller or borrower-lender. 4) Intension: is indicated by action or agreement of the parties, weather it be expressed ore merely implied. 5) Agreement: Court will also look to the existence of any agreements between the parties. For example: Is he item mentioned in the real estate listing or purchase contract? Exception to Fixture rule: There are certain items that remain personal property after they have been affixed to real property. If you rent to a business: These items are called trade fixtures. Example are shelves, counters, cash registers used by business but not sold to customers. If you rent to an individual(s): Id tenant installs room dividers, shelves, it may or may not be viewed as personal property. In many cases fixtures may be removed by the tenant, provide that premises are not damaged. |
