Fixture

What Is a Fixture?

A fixture is an item of personal property that has been incorporated into real property in a way that converts it to part of the realty. Common law applies three tests to determine fixture status: the method of attachment, the adaptation of the item to the property's use, and the intent of the parties at the time of installation. Once an item becomes a fixture, it transfers with the property in a sale or lease unless expressly excluded.

Common Examples of Fixtures

• Built-in appliances (dishwashers, ovens, microwaves attached to cabinetry) - Lighting fixtures, ceiling fans, and chandeliers - HVAC systems, water heaters, and plumbing - Built-in bookcases, cabinetry, and shelving - Landscaping, fences, and in-ground irrigation systems - Garage door openers and security systems

Disputes and Drafting Practice

Fixture disputes are common in real estate transactions, especially for items at the borderline (refrigerators, washers and dryers, window treatments). Purchase agreements should expressly list which items convey and which are excluded. Trade fixtures — items installed by a commercial tenant for use in their trade or business — generally remain personal property and may be removed at lease end if removal does not damage the premises. Mortgage liens typically attach to fixtures, which is why lenders include detailed personal property and fixture descriptions in their security documents.