Fixtures

Question 1

Chattel not annexed

Answer 1

Personal property that is not attached to the realty can become a fixture if it is so uniquely adapted to the land that it makes no sense to separate it

Question 2

Annexor’s intention

Answer 2

Whether chattel becomes a fixture depends on the annexor’s OBJECTIVE intent, evidenced by:

1. The nature of the chattel (i.e., how essential it is to the normal use of the realty);
2. The manner in which the chattel is attached to the realty (the more substantially attached, the more likely it was intended to be permanent);
3. The amount of damage that would be caused by the chattel’s removal; and
4. The adaptation of the chattel to the use of the realty (e.g., custom window treatments, wall-to-wall carpet).

Question 3

Fixture: Definition

Answer 3

A fixture is a chattel that has been so affixed to the realty that it has ceased being personal property and has become part of the realty

Question 4

Fixtures added by trespassers

Answer 4

A trespasser (e.g., an adverse possessor before the running of the statute of limitations) normally loses her annexations whether or not affixed in good faith and regardless of whether the chattel increased the value of the land.

If the trespasser acted in good faith and the chattel increased the value of the land, she may recover the value added to the land.

Question 5

Trade Fixtures

Answer 5

General Rule: Trade fixtures are NOT considered fixtures, and can ALWAYS be removed.

Question 6

Fixture Removal

Answer 6

Tenant: Must remove BEFORE T vacates at lease’s end (no damage, and unless T and LL agreed that was a fixture)

Seller: Must remove BEFORE closing, or it’s gone