Fixture
A fixture is personal property that has been permanently attached to real property and becomes part of the real estate, transferring with the property when sold unless specifically excluded in the contract.
Exam Tip
Use MARIA to determine fixtures. Intent is key! Trade fixtures belong to tenant. When contract specifies, contract controls.
What is a Fixture?
A fixture is an item that was once personal property (movable) but has been attached to real property in such a way that it becomes part of the real estate. Fixtures transfer with the property when sold, unlike personal property which the seller typically takes.
Personal Property vs. Fixture vs. Real Property
| Category | Examples | Transfers with Sale? |
|---|---|---|
| Personal Property (Chattel) | Furniture, appliances, curtains | No (unless agreed) |
| Fixture | Built-in cabinets, ceiling fans, attached shelving | Yes (unless excluded) |
| Real Property | Land, buildings, trees | Yes |
Tests for Determining Fixtures (MARIA)
| Test | Question Asked |
|---|---|
| M - Method of Attachment | How is it attached? (screws, bolts, cement = fixture) |
| A - Adaptability | Is it custom-fitted for the property? |
| R - Relationship of Parties | Buyer vs. seller, landlord vs. tenant disputes |
| I - Intent | What was the intent when attaching it? |
| A - Agreement | What does the contract say? |
Common Fixtures (Transfer with Property)
- Built-in appliances (dishwasher, range hood)
- Ceiling fans and light fixtures
- Built-in bookshelves and cabinets
- Window blinds attached to frames
- Installed flooring (hardwood, tile)
- Central HVAC systems
- Hot water heaters
- Garage door openers
- Landscaping and trees
Usually NOT Fixtures (Seller Takes)
- Furniture and area rugs
- Portable appliances
- Free-standing shelving
- Window treatments on rods
- Potted plants
Trade Fixtures
Trade fixtures are items installed by a commercial tenant for business purposes. Unlike residential fixtures, trade fixtures remain the tenant's property and can be removed when the lease ends.
Examples:
- Store shelving and display cases
- Restaurant kitchen equipment
- Dental chairs
- Manufacturing equipment
Exam Alert
When in doubt, look at INTENT and AGREEMENT. Whatever the contract says usually controls. If not specified, use the MARIA tests. Trade fixtures belong to the TENANT, not the landlord.
Study This Term In
Related Terms
Deed
Real EstateA deed is a legal document that transfers ownership (title) of real property from one party to another.
Title
Real EstateTitle is the legal right to own, use, and dispose of real property, representing the bundle of rights that come with property ownership.
Closing (Real Estate)
Real EstateClosing is the final step in a real estate transaction where ownership transfers from seller to buyer, documents are signed, funds are exchanged, and the deed is recorded.