Fixtures

improvements or personal property attached to the land so as to become part of the real estate. Tests to determine whether an item is a fixture include:

• intent of the parties (was it intended to remain?)

• method of annexation (how is it affixed?)

• relation of the parties (was it expected to be part of a tenant’s business?)

• adaptation of the article (is it essential to the building?)

Example: Abel sells his house. The contract of sale includes all of the real estate. Baker, the buyer, believes that the ceiling fan in the dining room is a fixture, but Abel claims it as personal property .

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