Real estate fixtures are items of personal property that are affixed to the real property, usually included as part of the sale. Examples of fixtures in real estate include appliances, burglar alarms systems, window shutters, driveway gates, housing bolt locks, security systems, and more.
What is a Fixture?
A fixture is defined as any moveable property that has been installed in or attached to the real property in a structural or permanent fashion. This can include items that have been physically attached to the property such as a built-in bookcase or kitchen cabinets, or items that have been permanently affixed to the property such as a water system.
The Difference between Chattels and Fixture
Chattels and Fixtures can be easily confused, but they are actually very different. Chattels are movable items that are not part of the real property. Fixtures are items that have been attached to or incorporated into the real property in such a way that they cannot be removed without damage.
Fixtures and Real Estate Contracts
The sale of real estate often includes items such as appliances, furniture, and other fixtures. These items can be important to a buyer, and their presence or absence in a sale can have a huge impact on the value of the property. It is important for buyers and sellers to be aware of the legal implications of including chattels and fixtures in a real estate transaction.
What is Included as a Fixture?
Fixtures are generally divided into categories according to whether they are structural or non-structural. Structural fixtures are those which are attached to the land and cannot be removed without damaging the structure. Examples of structural fixtures include fences, columns, and decks.
Non-structural fixtures are those which are attached to the land but can be removed without damage. Examples of non-structural fixtures include curtains, light fixtures, and area rugs.
Conclusion
Real estate fixtures are items of personal property that have been affixed to the real property and included as part of the sale. Fixtures are legally different from chattels and should be clearly identified in a contract when a real estate is being sold or leased. It is important for buyers and sellers to be aware of the legal implications of including chattels and fixtures in a real estate transaction.