A real estate fixture is any object permanently attached to a property by way of bolts, screws, nails, glue, cement or other means. Items like chandeliers, ceiling fans and window treatments are generally seen as fixtures and will stay with the house in a real estate transaction.
A fixture is defined as something that is affixed or attached to a property, whether permanently or semi-permanently. This can include many things, such as light fixtures, built-in cabinets, bookshelves, window treatments, and even some appliances.
A classic example of this is a window treatment. Typically, things like blinds and shades are considered fixtures that must stay with the home because they're physically fastened to the window frame. On the other hand, drapes and curtains that hang on a rod are usually classified as personal property.
Fixtures are pieces of furniture or equipment, for example baths and sinks, which are fixed inside a house or other building and which stay there if you move.
2) hot water heater is NOT an example of a fixture. An example of a fixture is a permanent item that is attached or affixed to a property in such a way that it becomes part of the property itself.
Key Takeaways
Appliances, electronics, and other specific items are not considered fixtures. Everything is negotiable when buying and selling a house, as long as it is the contract.
In property law, a fixture is an item initially considered personal but becomes part of the real estate once attached. Trees, shrubs, and swimming pools could all be considered fixtures as they are attached to the land. However, land itself cannot be a fixture as it is the base of all attachments.
When it comes to wall mounted TVs the TV itself is not considered a fixture but the actual wall mount that holds the TV to the wall is considered a fixture. Same goes for mounted speakers unless they are physically mounted into a wall, the mounts should stay whereas the speakers belong to the home seller.
A fixture is something that is physically attached to the property – such as a chandelier or a built-in wall cabinet. A refrigerator is not a fixture. While the custom in this area is that refrigerators convey with the property, in California, for example, they do not.
A fixture is a personal property item which has become permanently attached to the real estate. When personal property becomes a fixture, it is part of the real estate and is thereafter conveyed with it.
A bathtub, shower, or sink are examples of fixtures. On the other hand, a bathroom fitting is a feature of your bathroom that is added to your fixtures. They can be easily moved or removed. A toilet seat, soap dispenser, or shower curtains are examples of fittings.
Other smart devices, such as smart switches, smart thermostats, smart doorbells, and security cameras, may be hardwired, which would firmly place them into the “fixtures” category.
A fixture is a device for receiving water and waste matter that then directs the substances into a sanitary drainage system. Examples of fixtures include toilets, sinks, bathtubs, and show receptors.
Fixtures are usually classified according to the machine for which they were designed. The most common two are milling fixtures and drill fixtures.
The term “fixture” is generally defined as an item that has, by physical annexation, become part of the real property to which it is attached. In other words, a fixture is an item that has been attached to real estate in such a way that removing the item would be difficult to do without causing damage to that property.
They stay with the home unless otherwise specified. Remember my example of flipping a house upside down? Well, the TV mounts wouldn't be something that falls out. So it's not considered chattel.
In general, the courts look to three tests to determine whether a particular object has become a fixture: annexation, adaptation, and intention (see Figure 31.2 "Fixture Tests").
Is the item permanently affixed to the wall, ceiling, or flooring by using nails, glue, cement, pipes, or screws? Even if you can easily remove it, the method used to attach it might make it a fixture. For example, ceiling lights, although attached by wires that can be removed, are a fixture.
If the appearance of the item indicates that it is intended to remain annexed indefinitely, the item is a fixture for property tax purposes. Intent must be inferred from what is reasonably manifested by outward appearance.
In general, if a bathroom mirror is bolted to the wall, it is considered a fixture and will come with the house. However, if a decorative mirror is simply hanging in the bathroom, it is considered personal property rather than a fixture, and the seller can take it with them.
If items aren't necessarily “attached” to the property, like stoves or refrigerators, it may not be a fixture by default. But if the homeowner intended to build it into the home as a permanent fixture, it might count as one if both home buyer and seller acknowledge it as such.
A microwave oven that sits on the counter and is plugged into the wall is a piece of personal property. A microwave that is bolted to the wall above the stove is a fixture and would be expected to be left behind.
Something like a curtain rod purchased by the homeowner may be personal property at first, but once it is affixed to the wall, it becomes a fixture of the home.