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Fixtures
Practical Law Glossary Item 1-382-3476 (Approx. 2 pages)
Glossary
Fixtures
Goods that have become so related to particular real property that an interest in them arises under real property law (UCC § 9-102(41)).
Generally, personal property that is, or will be deemed to be, part of the real property is categorized as a fixture. Fixtures can include equipment or machinery that is affixed to the real property.
Though state laws vary in threshold criteria for determining whether personal property can be categorized as a fixture, several commonly considered factors can include:
- The intent of the parties and whether the item was intended to become and remain part of the real property.
- The method of annexation and how permanently the item is affixed to the real property.
- The adaptation of the item and whether it is essential to the building or its operation.
- The relationship of the parties.
For example, determining if the annexation was intended to be permanent or whether it was intended only for a temporary period of time can be analyzed in the context of the relationship between the parties. In the context of a commercial landlord tenant relationship, fixtures that are annexed to the real property and that are a part of the tenant's business are often called trade fixtures and are not deemed to be part of the real property.