MemotivaReal Estate Exam: Property Ownership Types, Estates, Freehold vs Leasehold

What is a fixture and how do you determine if an item is a fixture?

Real Estate Exam: Property Ownership Types, Estates, Freehold vs Leasehold

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A fixture is personal property that has been permanently attached to real property and therefore transfers with the land upon sale. Courts use five tests to determine fixture status: method of attachment, whether removal would damage the property, adaptation of the item to the property's use, the relationship of the parties, and the intention of the person who attached it. A built-in dishwasher is typically a fixture, while a freestanding refrigerator is not. Trade fixtures installed by commercial tenants are an exception and can usually be removed before the lease ends. ---
law.cornell.edu