Define: Fixture

A fixture refers to an item that was once personal property but has become permanently attached to real property, making it legally considered part of the property.

Personal property refers to movable items that are not permanently attached to real property. Fixtures, on the other hand, are considered part of the real property and cannot be easily removed.

The determination of whether an item is a fixture depends on various factors, including the method of attachment, the intention of the parties involved, and the adaptability of the item to the property.

Generally, fixtures cannot be removed from a property without the consent of the owner. However, there may be exceptions if the fixture was installed by a tenant and is considered trade fixtures or if there is a specific agreement allowing removal.

Fixtures are typically included in the sale of a property unless otherwise specified in the purchase agreement. Buyers should carefully review the terms of the agreement to determine which fixtures are included in the sale.

Even if a fixture can be easily removed, it may still be considered part of the real property if it was intended to be permanently attached. The ease of removal alone does not determine its classification.

Yes, fixtures can be subject to liens or mortgages if they are considered part of the real property. This means that they can be used as collateral for loans or other financial obligations.

In some cases, fixtures can be insured separately from the property. However, this would require a separate insurance policy specifically covering the fixtures.

Yes, fixtures can be leased or rented separately from the property. This is often seen in commercial leases where specific equipment or fixtures are leased along with the space.

Yes, disputes can arise over the classification of an item as a fixture. In such cases, courts will consider the various factors mentioned earlier, as well as any relevant agreements or intentions of the parties involved, to make a determination.