What is considered a Fixture?

Question:  What is considered a Fixture in a Home?

Answer:  The definition:  A fixture is legally considered something like decorations, equipment or appliances that have been attached to the house.  Fixtures are regarded as part of the property, and it is a given that they will go to the buyer along with the rest of the property.  They are not considered "Personal Property". 

Real Estate school definition:

That which is attached to the real property without losing it's identity.

Fixtures are always considered real property.  

Whether or not an object is considered a fixture is determined by the intent of the parties

 The following are the tests a court would use to determine if the item in question is a fixture:

 1. Manner it was attached to the real property

 2. Intent of Grantor.

  3. Agreement of the parties.

  4. Adaptation of the object

  5. Relationship of the parties.

If there is a question as to what goes and what stays in a property, the safe option would be for the Buyer to ask for it to be included in the contract.

Below are some good links with further explanations:



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