Is a deck attached to commercial rental property by the tenant considered a trade fixture?
Asked in Property Law
If a fixture is permanently affixed to real property is it the personal property of the owner?
Can 120 volt light fixture be wired for a commercial panel at 277 volts?
Asked in Business Taxes
Would blinds be considered a leasehold improvement?
What does the electrical terminology of the word - fixture - mean?
"Fixture" generally refers to things permanently attached to the structure. A light fixture would be one example, screwed to the wall or ceiling. The light fixture, also called a luminaire, would include devices for holding the lighting elements, supplying electricity to them, enclosing the connections for safety, and means for attaching it to the electrical supply permanently. A "fixture" could, in theory, dangle from a cord permanently attached to a suitable support. For contrast, a cord-connected device would not be a fixture. In fact, it is often illegal to use cord and plug on any appliance that is permanently attached (e.g., screwed in or with water pipes attached).
Asked in Foreclosure, Property Law
What can you take out of your home when it is foreclosed?
Personal property can legally be removed, fixtures can't. A good rule of thumb is "if tools are required to remove it, it's a fixture." Consult a lawyer if you're uncertain about any particular item. As an example: All you have to do to take a microwave oven sitting on a counter is unplug it and lift. It's personal property. To take a built-in microwave oven, you'll need a screwdriver or wrench or something. It's a fixture. Refrigerators, washers, and dryers that are NOT "built-in" are generally considered personal property; ranges, ovens, and stoves are generally considered fixtures. A dishwasher is probably a fixture, though when I was a kid my family had a dishwasher that was on wheels and self-contained (when we wanted to use it, we pushed it over to the kitchen sink and attached it to the faucet using a quick-release connector; it then drained back into the sink using a second hose attached to the same connector), that would have been personal property. After a couple of years my grandfather cut off the connector and attached the fill and drain hoses to the house plumbing instead of going through the sink (draining in particular had a high probability of being messy under the original system, since our kitchen sink was rather shallow); at that point it became a fixture. A floor, table, or "swag" lamp that can easily be unplugged and moved is personal property; a wall/ceiling lamp or chandelier that's directly connected to the mains wiring is a fixture.
What items must remain in a real property when sold?
Your next door neighbor has attached a fixture to your house are you legally allowed to enter his property to remove it off your wall?
No, for two reasons. It would be trespassing on his land and it would be trespassing to his fixture. Technically, you would need to ask permission, or obtain a court order, if the neighbor does not agree to remove it. It is usually easier to sue for damages (trespass, property damage) rather than get an injunction.
Is carpeting considered to be a leasehold improvement or furniture and fixture?
Asked in Furniture
What is Television a furniture fixture or office equipment?
Asked in Property Law
Can a new owner tear down privacy fence?
If the fence is on their property and is not subject to any agreement in writing, recorded in the land records, requiring it to remain a permanent fixture- yes. If the fence is on their property and is not subject to any agreement in writing, recorded in the land records, requiring it to remain a permanent fixture- yes. If the fence is on their property and is not subject to any agreement in writing, recorded in the land records, requiring it to remain a permanent fixture- yes. If the fence is on their property and is not subject to any agreement in writing, recorded in the land records, requiring it to remain a permanent fixture- yes.
Asked in Home Electricity
What do I attach the green wire from the light fixture to?
What does chattels mean in regards to real estate?
A judge of the Supreme Court of British Columbia, who was trying to determine whether a trustee in bankruptcy or a mortgagee was entitled to restaurant equipment of a bankrupt, decided to restate the rules classifying an article as a fixture or chattel, with examples. His rules are summarized as follows: 1. An item unattached to property except by its own weight, which can be removed without damage or alterations, which will require repair to the fixture or land to which the item is attached, is a chattel. A walk-in freezer, or a large item built inside a structure that cannot simply be taken out of a door or window is a fixture, unless it can be removed without damage or alteration to the premises. Removal or replacement of a doorjamb or window would not constitute damage or alteration. 2. An item such as a telephone, toaster, or computer that can be removed by merely taking the plug out of the outlet is a chattel, while the electrical outlet, telephone or computer jack attached to a wall is a fixture. 3. An item that cannot be unplugged and which is attached even slightly so that it requires the, "removal of screws, nails, bolts, detachment of plumbing or the cutting or capping of hardware," is a fixture. 4. If a piece of equipment which is attached to a structure can be removed, but would be useless in its separate state, then it is a fixture. Conversely, if it could be removed without damage or alteration and could be used even though not part of the structure to which it was attached, then it will be a chattel. An example is that of a crane which moves along tracks permanently attached to the structure. The crane can be removed, but without the tracks the crane would be useless and it is therefore a fixture. Pictures hanging onto the walls suspended by their own weight by a hook, a television set or stereo speakers mounted upon brackets attached to the wall are chattels. The nail or bracket is the fixture. 5. An item that is a fixture, but which is shown to be a tenant's fixture, can be removed during the tenancy, "provided that the tenant leaves the premises in exactly the same condition as he or she received them." 6. It is only in exceptional circumstances not covered by these rules that the purpose for which the object is affixed to property be examined. The example given by the judge was a mobile home that may be resting on land by its own weight, but it may also be clearly established that it was intended to be a fixture. The judge seemed to conclude that the purpose test would be used rarely and only in relation to very large or expensive items. The judge's reasons for formulating these rules was that they provide commercial certainty and therefore
Asked in Furniture
Are school lockers considered furniture fixture and equipment?
When Moving Out After A Foreclosure Can I take Appliances Fixtures etc Is Stripping the House Legal?
Stripping a house before moving out is not legal. Anything that is a FIXTURE must be left. Personal property can be taken. States may vary by what they consider a fixture, but anything that is installed is definitely a fixture. Unless your contract specifically states you may, you may not remove anything that has been installed, EVEN IF YOU INSTALLED IT YOURSELF. It became a fixture of the house when you installed it. EX: A washer and dryer is normally simply hooked up, not installed and is therefore generally considered personal property. A dishwasher, cabinets, stove, etc, are fixtures. A microwave that just sits on the counter is personal property. the over the stove microwave is a fixture. If you are not sure, CHECK YOUR STATE LAW. You can be prosecuted for hindering a secured creditor or theft or similar depending on the state.
Asked in Landlord-Tenant Issues
Can the landlord forbid the use of the backyard?
Yes, the landlord may or may not restrict access to any parts of his property. You rent the apartment, not the backyard. The issue here would be if the restriction is missing from the lease, then the backyard would be considered a fixture of the property and would be an inclusive implied part of the leasehold.
Asked in New Electrical Work
Can you hang a light fixture by using a new work tab box?
Not a good practice. Depending on the weight of the fixture it may pull out of the ceiling sooner or later. Even if it seems strong, what if there were a leak and the Sheetrock became wet and the fixture fell on someone and hurt them. You need to install a fixture made for ceiling installation that is attached properly to something other than Sheetrock.
Can you connect a wall switch and a light fixture to an existing light fixture?
If the question is, can I wire a switch to an existing light fixture (and I must assume that it's something like a pull-chain light fixture), the answer is yes. If the question is, "how do I wire a switch to an existing light fixture that has no external switch", the answer is, "in series". The attached web site gives simple instructions on how to wire a basic light switch to an existing light. See sources and related links below
Asked in Foreclosure
Is wall mounted office furniture considered a fixture or personal property when selling a home?
Where does the grounding wire from a fixture get grounded to if there is no wire ground wire in the box?
The simple answer is, it doesn't. This is not a serious problem, if you ensure that the fixture is wired properly. Make sure the line conductor (black wire) is attached to the terminal at the bottom of the socket, and the neutral is attached to the outer (screw part that holds the bulb) conducting casing. ================== I agree with the above answer in that when there is no grounding conductor provided in the box, the ground wire for the fixture is very often ignored. The fixture will work fine without it. HOWEVER, if there should ever be a fault develop between the hot wire and the metal of the fixture, the metal of the fixture is energized and WILL NOT trip a breaker. This is the purpose of the ground wire. It is a violation of code. And over time with dust, spiders, water, and other foreign objects collecting in the fixture you are more likely to develop a fault. The third wire is for your protection. One of the most common ways faults such as these occur is when trouble-shooting or replacing a fixture. If the circuit is energized, moving the fixture around to check it or replace it can bring the hot wire into contact with the metal of the fixture, which may very well be in your hand.