A fixture is originally an item of personal property that has become permanently affixed or attached to real estate such that it is considered to be an integral part of the property and its removal could decrease (damage) the property’s value. Fixtures exclude movable machinery and equipment and include structures that permanently rest on the land or that are permanently attached to permanent structures by means of cement, plaster, nails, bolts or screws; items that are imbedded in the land, such as walls or fences; and things that are attached to land by roots, such as trees, shrubs or other plants.
Fixtures become so related to a particular property that an interest in them arises under real property law. Most US states consider fixtures to be those items that are capable of existing separately from the real estate but that are affixed to the property for a specific use and are intended to be a part of the property.
| 3 Factors to Determine When Personal Property Becomes Real Property |
|---|
| 1. Will the property damaged by removal? If so, to what extent? |
| 2. Is the item customized for the property or is it standard? |
| 3. Was the installation intended to be permanent or temporary? |
| Source: The Texas Association of REALTORS® |
Leave A Comment
You must be logged in to post a comment.