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Real Property • Fixtures
PROP#096
Legal Definition
A chattel becomes a fixture if the objective intention of the party who installs the item was to make it a part of the realty. Objective intention is determined by: (1) the nature of the article; (2) the manner of the attachment; (3) the amount of damage that would be caused by its removal; and (4) the adaptation of the item to the use of the realty.
If the property owner installs the item, then sells the property, the fixture passes with the property. If a trespasser installs an item, they generally lose any right to it.
If the property owner installs the item, then sells the property, the fixture passes with the property. If a trespasser installs an item, they generally lose any right to it.
Plain English Explanation
On an exam, when you are arguing whether or not something is a fixture, your analysis should be "Did the tenant intend for the item to be permanently attached to the property?" In answering this question, consider:
(1) What is the nature of the item in question? Is it the type of thing that generally becomes part of the property, like a doorbell, windows, or a ceiling fan?
(2) How is it attached? Is it just hanging on a nail, or has it been cemented into the foundation?
(3) How much damage to the property would occur if you tried to remove it? If it took a lot of effort to install it, it likely will cause a lot of damage to remove it.
(4) Was the item customized in any way to uniquely fit the property? For example, if you had custom window shutters made that fit onto a house with oddly shaped windows.
(1) What is the nature of the item in question? Is it the type of thing that generally becomes part of the property, like a doorbell, windows, or a ceiling fan?
(2) How is it attached? Is it just hanging on a nail, or has it been cemented into the foundation?
(3) How much damage to the property would occur if you tried to remove it? If it took a lot of effort to install it, it likely will cause a lot of damage to remove it.
(4) Was the item customized in any way to uniquely fit the property? For example, if you had custom window shutters made that fit onto a house with oddly shaped windows.
Hypothetical
Hypo 1: Amy rents a house from Bob. Amy decides to place several garden gnomes on the front lawn of the house. At the end of the lease, Bob wants to keep the gnomes because they add a lot of value to the way the house looks. Result: Too bad for Bob. Even if the garden gnomes were hammered into the lawn, this wouldn't rise to the level of becoming a fixture.
Hypo 2: Amy rents a house from Bob. Amy decides to install a fountain on the front yard. She pours concrete for a base and pays a contractor to route a water pipe to the fountain so it works. When Amy's lease expires, she tries to take the fountain with her by hiring a contractor to dig it out. Result: Bob can stop her. The nature of the fountain was to add value to the property, and it took a lot of effort to install it. Likewise, it would cause a lot of damage to try to remove it. Thus, you could argue that Amy has no right to take her fountain with her when she moves.
Hypo 2: Amy rents a house from Bob. Amy decides to install a fountain on the front yard. She pours concrete for a base and pays a contractor to route a water pipe to the fountain so it works. When Amy's lease expires, she tries to take the fountain with her by hiring a contractor to dig it out. Result: Bob can stop her. The nature of the fountain was to add value to the property, and it took a lot of effort to install it. Likewise, it would cause a lot of damage to try to remove it. Thus, you could argue that Amy has no right to take her fountain with her when she moves.
