Fixtures Flashcards
Fixtures - generally
Under the concept of fixtures, a chattel that has been annexed to real property is converted from personalty to realty. As an accessory to the land, it passes with ownership of the land rather than with a transfer of personal proeprty of an estate. The manifest intent of the annexor determines whether the chattel becomes a fixture. The factors for evaluating the annexor’s intent are: (i) the relationship between the annexor and the premises, (ii) the degree of annexation, and (iii) the nature and use of the chattel.
Fixtures - constructive annexation
Constructive annexation occurs when an article of personal property (an accession) becomes an integral part of the property, even though it is not physically annexed to the property, in the same sense that a fixture becomes an integral part of the realty.
