Fixture
Definition and meaning of Fixture in real estate.
A fixture is any item of personal property that has been permanently attached or annexed to a building or land in a way that legally transforms it into real property. Because it is physically integrated with the real estate, it is automatically included in the sale of the property unless explicitly excluded in the contract.
In more detail
The legal distinction between a fixture and personal property is a common source of disputes during real estate transactions. Courts and real estate professionals typically use specific tests to determine if an item is a fixture, looking at the method of attachment, the adaptation of the item to the property, and the intention of the party who installed it.
For instance, a freestanding refrigerator is usually personal property, while a built-in microwave is considered a fixture. To avoid confusion, buyers and sellers should list all disputed items, such as wall-mounted televisions or custom window treatments, in the purchase agreement.
Key facts
| Category | Legal, Titles & Closing |
|---|---|
| Also known as | Appurtenance or real property improvement |
| Method of determination | The MARIA test: Method, Adaptability, Relationship, Intent, and Agreement |
| Watch out for | Sellers removing items like custom shelving without written permission in the sales contract |
A seller leaves behind the built-in crystal chandelier in the dining room because it is wired directly into the ceiling, making it a fixture that legally belongs to the buyer under the standard purchase contract.
Frequently asked questions
How does the law determine if an item is a fixture?
Courts look at how securely the item is attached, whether it was custom-fitted for the space, the relationship of the parties, and, most importantly, if the parties had a written agreement regarding the item.
Can a seller take fixtures with them when they move?
Only if the purchase agreement explicitly states that the seller is excluding those specific fixtures from the sale. Otherwise, fixtures must remain with the property.
Related terms
Sources & references
See our sources and editorial standards.