Fixture

A fixture is an item of personal property that has become real property by being permanently attached to land or a building.

• Originally personal property
• Becomes real property when attached
• Transfers with the property unless excluded
• Commonly tested using the MARIA test

• Method of attachment
• Adaptability to the property
• Relationship of the parties
• Intention of the parties
• Agreement of the parties

(Intention is the most important factor.)

• Fixtures installed by a tenant for business use
• Considered personal property
• Tenant may remove them if no damage is caused

• Fixture
  • Permanently attached
  • Transfers with real property

• Personal Property
  • Movable
  • Does not transfer unless included

• When in doubt, fixtures transfer
• Always check the purchase agreement