Fixture

What does “Fixture” mean in real estate? (Quick definition and why it matters)

Plain‑language definition of a fixture

A fixture is an item that started as personal property but has been permanently attached to real property so it becomes part of the land or building. Fixtures are affixed in a way that removal would damage the property or require tools — think built‑in cabinets, light fixtures, or a furnace. Because fixtures transfer with the real estate, buyers generally expect them to remain with the home unless the contract says otherwise.

Who cares — buyers, sellers, tenants, landlords, agents, attorneys, insurers

Determining whether an item is a fixture matters for:

• Buyers and sellers — to know what’s included in the sale and avoid surprises at closing.
• Tenants and landlords — to decide who may remove or must leave installed items at lease end.
• Real estate agents — to draft clear contract language and avoid disputes.
• Attorneys and judges — to resolve legal conflicts using established tests and precedent.
• Appraisers, title companies and insurers — because fixtures affect value, title transfer, and coverage.

The legal framework — how courts decide if something is a fixture

The three classic tests: annexation/attachment, adaptation/use, and intention/agreement

Courts typically apply tests to decide if an item is a fixture. A common mnemonic is the MARIA test:

• Method of attachment (annexation) — nailed, cemented, wired, or otherwise attached suggests a fixture.
• Adaptability (use) — custom fit items (built‑ins or shelving sized for the room) point toward fixtures.
• Relationship of the parties — tenants installing business equipment may get different treatment than owners.
• Intent of the installer — if intended to be permanent, courts are more likely to call it a fixture.
• Agreement — a contract between parties can settle the issue regardless of other tests.

Many courts summarize the analysis as annexation/attachment, adaptation/use, and intention/agreement — the core idea: how it’s attached, how it fits the property, and what the parties intended.

How contract language can override the tests

Parties can generally override common‑law tests by clear contract language. Phrases like “all fixtures and fittings” or an itemized inclusion/exclusion list in the purchase agreement control the outcome. Absent clear language, courts use the tests above.

Trade fixtures and special rules for commercial tenants

Trade fixtures are fixtures installed by a tenant for use in a trade or business (restaurant equipment, display shelving, signage). Many jurisdictions allow commercial tenants to remove trade fixtures at lease end provided removal does not permanently damage the property and removal occurs before the lease expires. If left behind, trade fixtures may become the landlord’s property.

Fixture vs. personal property vs. trade fixture — clear distinctions

What makes something personal property

Personal property (chattels) remains movable and is not permanently attached. Examples: freestanding furniture, a refrigerator on casters (in some contracts), artwork hung with picture hooks that don’t damage surfaces. If an owner intends to take the item and it can be removed without damage, it’s likely personal property.

What makes something a trade fixture and removal rights

Trade fixtures are installed by tenants for business. Key features: they’re used in a trade, intended to be removable, and removal won’t permanently harm the premises. Lease terms and local law determine removal rights; typically tenants must remove trade fixtures before lease end and repair any damage.

Practical implications for removal, sale, and liability

• Removal: Sellers who remove fixtures a buyer reasonably expected to remain can face breach of contract remedies.
• Sale: Fixtures transfer with the real estate unless excluded in writing — they affect price, appraisals and disclosures.
• Liability: Improper removal that damages property can trigger repair costs or compensate the other party.

Common examples: fixtures and non‑fixtures (room‑by‑room)

Kitchen (built‑in ovens, islands, freestanding ranges)

• Typical fixtures: built‑in ovens, cabinetry, countertops, built‑in islands, hardwired garbage disposals.
• Often personal property: freestanding ranges, movable islands on casters, portable microwaves — unless the contract specifies otherwise.

Living areas and bedrooms (light fixtures, ceiling fans, built‑ins)

• Fixtures: ceiling light fixtures, chandeliers, built‑in bookcases, wall‑mounted shelving.
• Non‑fixtures: freestanding lamps, rugs, pictures hung without permanent anchors.

Bathrooms (vanities, mirrors, shower doors)

• Fixtures: toilets, sinks, bathtubs, built‑in vanities, glass shower enclosures.
• Non‑fixtures: freestanding mirrors not affixed to the wall, movable cabinetry.

Exterior and yard (fences, landscaping, irrigation systems)

• Fixtures: fences permanently set in posts, decks, in‑ground pools, irrigation systems.
• Non‑fixtures: potted plants, removable sheds not anchored, statues on pads that can be moved.

Garage/mechanical (garage door opener, HVAC systems)

• Fixtures: built‑in HVAC, water heaters, hardwired garage door openers, central vac systems.
• Non‑fixtures: portable space heaters, window air conditioners (often personal property).

Window coverings and decorative items (curtains vs. blinds vs. rods)

• Fixtures: blinds and shades screwed into window frames, plantation shutters, hardwired electronic shades.
• Non‑fixtures: curtain panels hung on tension rods or hooks, removable decorative hardware (unless contract specifies).

How fixtures are handled in a sale (purchase agreements & closings)

Standard contract language: “fixtures and fittings included”

Many purchase agreements include a clause like “all fixtures and fittings now attached to the property are included” to automatically transfer fixtures. Standard forms often list common items (appliances, light fixtures, window coverings), but broad language can still be ambiguous without an itemized list.

How to explicitly exclude items to avoid surprises

To avoid disputes, sellers should list excluded items (e.g., “seller will remove chandelier in dining room” or “washer/dryer excluded”) and buyers should confirm inclusions in writing. Use an exhibit or inventory addendum for clarity.

Remedies if a seller removes a fixture before closing

If a seller removes a fixture that the contract said would remain, remedies include:

• Negotiation to replace or credit the buyer.
• Escrow holdback until the item is replaced or suit is resolved.
• Legal remedies for breach of contract — damages or specific performance (in some cases courts can order the seller to return or replace the item).

Fixtures in leases and rentals

Tenant installations, trade fixtures and removal at lease end

Lease agreements should specify who owns installed items and rules for removal. Tenants may install fixtures with landlord consent; trade fixtures typically may be removed by the tenant before lease end if authorized by the lease or local law.

Security deposit disputes and responsibility for repairs

Removing fixtures incorrectly or leaving damage can lead to security deposit deductions. Landlords should document the condition on move‑in and move‑out; tenants should get written permission for alterations and follow lease removal obligations.

Lease clauses that control fixture ownership and alterations

Common lease clauses: “Fixtures installed by tenant become landlord property,” “Tenant may remove trade fixtures if premises are restored,” and “No alterations without written consent.” Clear clauses prevent later disputes.

How appraisers, title companies and insurers treat fixtures

Impact of fixtures on appraised value

Permanent improvements — built‑ins, HVAC, updated kitchens — generally increase market value and are treated as part of the real property in appraisals. Removable personal property does not typically raise appraised value materially.

Title implications (are fixtures part of the real property transfer?)

Fixtures are normally included in the real property transfer and reflected in the deed. Title searches and closing statements assume fixtures convey with the land unless excluded in the contract.

Insurance coverage for fixtures vs. personal property

Homeowners insurance generally covers fixtures as part of the dwelling or structure coverage. Personal property coverage applies to movable items (furniture, electronics). For commercial tenants, trade fixtures may require separate coverage or endorsements.

State and local variation — when geography changes the answer

Examples of jurisdictional differences to watch for

Some states emphasize certain MARIA factors more than others; local precedent can change how a seemingly obvious item is classified. For example, certain jurisdictions give greater weight to the parties’ written agreement, while others prioritize physical annexation.

How to find state‑specific fixture law or precedent

Check state real property statutes, sample form contracts, local case law, and state bar resources. Title companies and local real estate attorneys can also advise on jurisdictional nuances.

How to document inclusions/exclusions to prevent disputes

Precise contract language and common clauses to include/exclude

• Inclusion clause example: “The sale includes all built‑in appliances, light fixtures, window coverings, and attached landscaping fixtures unless expressly excluded below.”
• Exclusion clause example: “Seller excludes the chandelier in the dining room and the washer/dryer set.”
• Specify model/serial numbers when necessary (e.g., high‑value appliances or security systems).

Using an inventory list, addendum, and photographs

Attach an inventory addendum listing items included and excluded and add dated photographs. Both parties should initial or sign the addendum to confirm agreement.

Best practices for real estate agents and landlords

• Address fixtures early in negotiations and confirm in writing.
• Use exhibits and numbered inventories for high‑value or ambiguous items.
• Document condition with photos and make any repairs or replacements part of the agreement.

Sample contract language (include and exclude fixtures)

Short, clear sample clauses to include a fixture

“Seller agrees to convey and leave the following items with the Property at closing: built‑in range, dishwasher, all light fixtures, window blinds, attached shelving, and installed HVAC system (collectively, ‘Included Fixtures’).”

Short, clear sample clauses to exclude a fixture

“Notwithstanding the foregoing, Seller expressly excludes the following items from the sale and will remove them prior to closing: dining room chandelier (2‑tier crystal), wall‑mounted mirror in master bath, and washer/dryer set.”

How to adapt clauses for leases vs. purchase agreements

For leases, add timing and restoration obligations: “Tenant may remove trade fixtures prior to lease termination provided Tenant repairs any damage and restores the premises to original condition.” For purchase agreements, focus on possession at closing and remedies for unauthorized removal.

Resolving fixture disputes — practical steps and legal remedies

Immediate steps for buyers/tenants who discover removals

• Document the deficiency with photos and dated notes.
• Review the contract to confirm the item was included.
• Notify the seller/landlord and agent in writing and request replacement, reimbursement, or escrow holdback.

Negotiation, mediation and small claims options

Many disputes are resolved by negotiation or mediation; small claims court is often appropriate for modest damages. Keep communications written and preserve evidence.

When to seek injunctive relief or damages

Seek immediate injunctive relief when removal before closing risks making the remedy ineffective (e.g., seller removes a unique built‑in). For monetary losses, pursue damages for breach of contract. Consult an attorney for serious or complex disputes.

Real World Application

Fictional scenario: Seller removes chandelier before closing — facts

Facts: Buyer and seller signed a purchase agreement stating “all fixtures and fittings included.” Buyer expected the dining room chandelier to remain. Before closing, the seller removes the chandelier, claiming it was a family heirloom and personal property.

Apply the three tests (annexation, adaptation, intention) to the scenario

• Annexation: If the chandelier was hardwired to the ceiling, removal required electrical work — this favors classification as a fixture.
• Adaptation: If the chandelier matches a recessed ceiling medallion or was specially hung for that room, it’s likely adapted to the property.
• Intention/Agreement: The contract expressly said “all fixtures and fittings included,” which strongly indicates the parties intended the chandelier to convey.

What each party should do next (buyer, seller, agent, attorney)

• Buyer: Document removal, notify seller/agent in writing, request replacement or credit, consider escrow holdback.
• Seller: Provide evidence supporting claim it was personal property (rare), or offer replacement/credit if sold or removed mistakenly.
• Agent: Facilitate documentation, escalate to broker/legal if needed, and advise clients to follow contract provisions.
• Attorney: If negotiation fails, advise on remedies — immediate injunctive relief (if chandelier can be recovered), breach of contract damages, or settlement options.

Quick checklist: common fixtures by room (one‑page takeaway)

Printable checklist items for kitchen, bath, living, exterior, systems

• Kitchen: built‑in oven, cabinets, countertop, sink, garbage disposal, hardwired range hood.
• Bathroom: vanity/counter, toilet, tub/shower enclosure, fixed mirror, towel bars (if screwed in).
• Living/Bedrooms: ceiling lights/fans, built‑ins, wall‑mounted shelving.
• Exterior/Yard: fences, decks, in‑ground irrigation, in‑ground pools, attached sheds.
• Systems/Mechanical: HVAC, water heater, central vacuum, wired security systems, hardwired doorbell/camera.

Frequently asked questions (short answers to top user queries)

Is a washer/dryer a fixture?

Usually no — washers/dryers are typically personal property unless specified in the contract or permanently plumbed/bolted in a way that shows intent to make them permanent.

Do built‑in appliances stay with the house?

Yes. Built‑in appliances (ovens, dishwashers) are generally fixtures and convey with the property unless the contract excludes them.

Can a tenant remove a fixture they installed?

It depends. Tenants can usually remove trade fixtures if the lease or law allows and removal won’t cause permanent damage; otherwise, fixtures may become the landlord’s property.

What happens if I buy a house and the seller took a fixture?

Document the issue, notify the seller/agent, seek replacement or a credit, and consider legal remedies for breach of contract if the seller won’t cooperate.

How can I be sure my state treats fixtures the same way?

States vary. Check your state’s statutes, local case law, consult a real estate attorney, or ask title counsel for jurisdiction‑specific guidance.

When to consult a real estate attorney or other professional

Red flags that justify legal advice

• High‑value or unique items removed before closing.
• Contract ambiguity about inclusions/exclusions.
• Commercial lease disputes over trade fixtures.
• Urgent removals that make replacement impossible.

Who else to consult (agent, appraiser, title officer, inspector)

Agents for contract language and negotiation; appraisers for value questions; title officers for transfer issues; inspectors for condition evidence; and insurers for coverage questions.

Conclusion and next steps

Key takeaways to protect buyers, sellers and tenants

• Fixtures typically stay with the property; personal property does not.
• Use clear contract language and itemized lists to avoid disputes.
• Document condition with photos and addendums; get written agreements for any removals or tenant installations.

Resources, templates and offer to provide sample language or the one‑page checklist upon request

If you’d like, I can provide downloadable sample clauses, a one‑page printable checklist, or an inclusion/exclusion addendum tailored to a purchase agreement or lease.