A fixture is some object of personal property (not real property) which is attached to the land or to a building on the property, and that is considered to be irremovable.  In other words, although the fixture is personal property, it is generally implied that it is included as part of the property when the property is sold in a real estate transaction, even though most personal property is not so included in the transaction.

A fixture is something that is so much physically attached to real property that it is, despite its being personal property, part of the real property.  Examples of fixtures include fireplaces, water heaters, light fixtures, and some appliances-stoves and dishwashers, for example, are commonly considered fixtures by virtue of being built into a kitchen; however, refrigerators, washers, and dryers, are usually not considered fixtures, but rather removable personal property that a seller of real property is entitled to take with him or her upon completion of a real estate transaction unless an alternative agreement is reached and memorialized in the contract for sale of the real property.

One way that has been used historically to determine whether or not an item of personal property is or is not a fixture is to consider whether the personal property, or "chattel," was original intended to enhance the utility of the building or land, or to enhance the utility of the chattel itself.  If the chattel was attached to the building or land to enhance its utility, such as gravel used as fill for the real property, it would be considered an irremovable fixture.  On the other hand, gravel that is merely piled on a driveway for storage is not considered a fixture, and is a removable chattel independent of the real property.

A "tenant´s fixture" is personal property belonging to a tenant on a parcel of real property that he or she rents from the owner/landlord of the property, which the tenant affixes to his or her property, but which he or she is entitle to take with him or her at the end of the lease.  The property is considered a fixture on the property for the duration of the tenant´s lease, but the tenant remains the possessor of the personal property.  A tenant´s fixture is usually categorized as one of two types: a domestic fixture or an ornamental fixture.  Examples of domestic fixtures are shelves attached to a wall and lighting equipment.  Examples of ornamental fixtures include chimney grates and window coverings such as blinds or curtains.

A "trade fixture" is personal property belonging to a tenant which, instead of being attached during his or her tenure as a tenant on the real property in question, is attached for business purposes.  Example of a trade fixture is a display counter and restaurant booths. 

Although a tenant has a right to remove a tenant´s domestic fixture or a trade fixture installed by him or her in most instances at the end of his or her lease, he or she may not remove a fixture if removal would cause damage to the real property. 

In situations where there is a dispute between a landlord and a tenant regarding whether something is or is not a fixture are often resolved in favor of a tenant.  In general, courts will consider the intent of the tenant in attaching the fixture.  Parties to a lease contract may agree between or among themselves whether or not certain chattels will be classified as fixtures; if no explicit agreement exists, a court of law will often assume that the tenant intended to take the property in question with him or her at the end of the tenancy period.

Nevertheless, the tenant must act within a legally-specified time period to remove his or her personal property after the termination of a lease; if the time for removal passes, the property in question becomes part of the real property and title to it automatically is transferred to the landlord, the owner of the real property. 

Note:Contact an attorney on all legal questions or legal issues. A real estate agent is not qualified to give legal advice or tax advice and is not licensed to give legal advice or tax advice.

GBrey