Jan 31, 2009

Fixtures

Fixtures are those used to be personal properties but now become real properties because they are attached to the land in a certain manners.

To determine if something are fixtures, the court follows the following rules:
  1. Method of attachment - how the fixtures are attached
  2. Adaptability - how the fixtures are tailored made for the land/house
  3. Relationship of Parties - sellers/buyers? landlords/tenants? or borrowers/lenders?
  4. Intention of parties - Why the properties are attached to the land/house
  5. Agreements between the parties

Further elaborations:

  1. something nailed down is more likely to be a fixture than those handing on the wall
  2. a wall-to-wall carpet is more likely to be a fixture than a square rug
  3. court rules favor buyers, tenants and lenders

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