Rights in Land - Fixtures

Question 1

Fixture

Answer 1

A fixture is tangible personal property (i.e., chattel) that is attached to real property in such a manner that it is treated as part of the real property when determining its ownership.

Question 2

When is a chattel considered a fixture?

Answer 2

Generally, a chattel is considered a fixture if the owner of real property intends for the chattel to become a fixture by attaching it to the real property. Such intent is judged by applying an objective, reasonable person standard that examines such factors as:

1. The importance of the chattel to the real property;
2. Whether the chattel was specially designed for use on the real property;

AND

3. The amount of damage that removal of the chattel would cause to the real property.

Question 3

Are structures built on real property treated as fixtures?

Answer 3

No. Structures built on real property (e.g., walls) and materials incorporated into a structure (e.g., bricks used in making a wall) become part of the real property. The owner of the real property is generally also the owner of any structures on the real property (including the materials incorporated into the structures).