Fixtures

Question 1

What is a fixture?

Answer 1

Tangible personal property that is attached to real property in a manner that it is treated as part of the real property.

Question 2

Who can make improvements to the real property?

Answer 2

A feesimple owner.

All other estate owners need permission.

Question 3

Can the fixture be removed by the buyer?

Answer 3

The buyer of real property is generally entitled to chattel, unless the seller reserves in the contract the right to keep chattel.

Question 4

Can life tenants and other tenets remove fixtures?

Answer 4

The presumption is that they can move fixtures unless doing so would permanently damage the property.

Question 5

Can trespassers remove fixtures or improvements from the property?

Answer 5

Old rule: trespassers could never remove any fixture or improvement that they installed.

New Rule: A trespasser can remove in improvement, or at least recover the value add it to the property, so long as they acted in good faith.