What is a fixture in the context of real property?

A fixture in the context of real property refers to an item that was originally movable but has been permanently attached to the land or a building, thereby becoming part of the real property. This concept is crucial in real estate because it determines what is included in the sale of a property. When an item is classified as a fixture, it is no longer considered personal property; instead, it is legally recognized as part of the real estate being sold or transferred.

The definition encapsulates the idea that once something is affixed to the land in a way that indicates an intent to permanently incorporate it into the property, it transitions from being a movable item to being part of the real estate itself. This can apply to items such as built-in appliances, light fixtures, or shelves that are affixed in a manner indicating that they are intended to remain with the property.

It’s important to understand the distinction between fixtures and other types of property, such as personal property, which can be easily moved. Recognizing the criteria that determine whether something qualifies as a fixture—such as attachment, adaptation to the property, and intent of the parties—is essential for anyone working in real estate or legal contexts related to property transactions.