FIXTURES
Fixtures are items of personal property which are attached to the land in such a manner as to be considered part
of the real property.
The courts have utilized five general tests to determine whether or not a given piece of personal property is a
fixture. These are:
1. The intention of the person incorporating the personal property into the land.
2. The method by which the property is incorporated into the land. The degree of permanence of the
annexation is significant. For example, if the attachment is by cement and plaster, the item so attached is
likely to be classified as a fixture.
3. The adaptability of the personal property so attached for ordinary use in connection with the land. If well
adapted, the item is probably a fixture.
4. The existence of an agreement between the parties involved as to the nature of the property affixed to the
land. If there is a clear agreement, the status of the attached item is not likely to be an issue.
5. The relationship between the person who adds or annexes the article and the person with whom a dispute
arises as to its character. This would usually involve seller and buyer or landlord and tenant.
Buyers and lenders inspecting property in contemplation of purchase or loan are justified in assuming that
whatever is attached to the land or building and is essential for its use will be part of the conveyance/security.
The contract should state clearly any desired exceptions.
A tenant may, during the term of the tenancy, remove from the premises anything the tenant has affixed thereto
for purposes of trade, manufacture, ornament or domestic use, provided the removal can be accomplished
without damage to the premises. This exception does not apply if the thing has, by the manner in which it is
affixed, become an integral part of the premises.