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.