What is a Fixture?
UPDATED: August 27, 2013
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident law decisions. Finding trusted and reliable legal advice should be easy. This doesn't influence our content. Our opinions are our own.
A fixture is an item considered to be attached to the property and not removable without damage to the underlying realty. An example is the plumbing system in a building. It is considered to be a permanent part of the building and could not be removed without damaging the building. If the item is not attached and easily removable, it is considered personal property. An example is the office equipment. So, if you are purchasing a building, the fixtures are usually included in the sale. The personal property would not be included unless specifically listed in the sales agreement.
Some items such as a window air conditioner might fall into either category. It is helpful to know the intention of the parties at the time the item was installed to see if it was thought to be a permanent attachment and not removable personal property. To avoid later disputes, it is a good idea to clearly specify in the purchase contract what items are included in the sale.