In real estate, a fixture is any object that is permanently attached to a property. This can include items attached to the building itself, such as cabinets, countertops, and appliances, as well as items attached to the land, such as fences, decks, and swimming pools.
Many different types of Fixtures
- Appliances, such as stoves, refrigerators, and dishwashers
- Built-in cabinets and shelves
- Central air conditioning and heating systems
- Chandeliers and ceiling fans
- Counter tops and sinks
- Doors and windows
- Electrical wiring and plumbing fixtures
- Fences and patios
- Flooring, such as carpet, hardwood, and tile
- Garages and sheds
- Landscaping features, such as trees, shrubs, and swimming pools
- Lighting fixtures
- Mirrors
- Smoke alarms and carbon monoxide detectors
- Water heaters
Examples of Fixtures and non-Fixtures
Here are some examples of fixtures and non-fixtures in real estate:
Fixtures:
- Built-in appliances, such as stoves, refrigerators, dishwashers, and microwaves
- Central heating and air conditioning systems
- Water heaters
- Plumbing fixtures, such as sinks, toilets, and bathtubs
- Electrical fixtures, such as chandeliers, ceiling fans, and recessed lighting
- Flooring, such as carpeting, hardwood, and tile
- Cabinets and countertops
- Built-in shelving and storage systems
- Pools and hot tubs
- Decks and patios
Non-fixtures:
- Furniture
- Electronics
- Appliances that are not built-in, such as portable microwaves, toasters, and coffee makers
- Artwork and décor
- Personal belongings, such as clothing, books, and dishes
How to determine if an item is a Fixture
There are four main factors that are used to determine whether or not an item is a fixture:
- Method of attachment: If an item is permanently attached to the property, such as by being screwed, nailed, or cemented, it is more likely to be considered a fixture.
- Adaptability: If an item is specifically adapted to the property and would lose its value if removed, it is more likely to be considered a fixture. For example, a built-in oven is specifically adapted to fit into a kitchen cabinet, and it would lose its value if it were removed.
- Relationship of the parties: If the item was installed by the owner of the property, it is more likely to be considered a fixture. However, if the item was installed by a tenant, it may be considered a trade fixture, which means that the tenant can remove it at the end of their lease.
- Intention: The intention of the person who installed the item can also be a factor in determining whether or not it is a fixture. For example, if a homeowner installs a chandelier with the intention of it being a permanent part of the home, it is more likely to be considered a fixture.
Fixtures and Real Estate transactions
When a property is sold, the fixtures are typically included in the sale. However, there are some exceptions. For example, trade fixtures may be removed by the tenant at the end of their lease. Additionally, the seller may have the right to remove certain fixtures, such as personal belongings or items that are not permanently attached to the property.
It is important to note that the laws regarding fixtures vary from state to state. If you are unsure whether or not an item is a fixture, you should consult with an attorney.
When Fixtures are included in a Real Estate sale
In general, all fixtures that are attached to the property at the time of sale are included in the sale. However, there are some exceptions. For example, if the seller and buyer have a specific agreement to the contrary, or if the fixture is a personal property item that is easily removed without damaging the property, the fixture may not be included in the sale.
It is important to note that the determination of whether an item is a fixture is ultimately a legal question. If you are unsure whether an item is a fixture, it is always best to consult with a real estate attorney.
Tips for Buyers and Sellers of Real Estate
- Buyers: When buying a home, it is important to be aware of which items are included in the sale. Be sure to ask the seller about any items that you are unsure of. You may also want to have a professional home inspection done to identify any potential problems with the fixtures.
- Sellers: If you are selling your home, it is important to make a list of all the fixtures that you plan to include in the sale. This will help to avoid any disputes with the buyer. You may also want to consider removing any trade fixtures that you have installed in the home.
Conclusion
Fixtures are an important part of real estate. They can increase the value of a property and make it more attractive to buyers. When buying or selling a property, it is important to be aware of the different types of fixtures and the laws that govern them.
Frequently Asked Questions (FAQ)
What is fixture and example?
A fixture is a permanent object that is attached to a building or land. Fixtures are typically considered to be part of the real estate and are not considered to be personal property. Examples of fixtures include toilets, sinks, bathtubs, cabinets, light fixtures, and appliances.
What is a fixture in real estate?
A real estate fixture is any object permanently attached to property by bolt, screw, nail, glue, cement or other means. Items such as chandeliers, ceiling fans and window treatments are generally viewed as fixtures and will accompany the home in a real estate transaction.
What is the difference between a property and a fixture?
A property is something that is owned, such as a house, land, or a car. A fixture is something that is permanently attached to a property and is considered to be part of the real estate.
The main difference between a property and a fixture is that a property can be moved, while a fixture cannot. For example, a refrigerator is a personal property because it can be moved from one house to another. However, a built-in dishwasher is a fixture because it is permanently attached to the kitchen cabinets.
What is the definition of a fixture?
There is no one legal definition of a fixture. However, courts generally consider the following factors when determining whether something is a fixture:
- Attachment: Is the object physically attached to the building or land?
- Adaptation: Has the object been adapted to the building or land?
- Intent: Did the owner intend for the object to be permanent?
Is a washing machine a fixture?
Whether a washing machine is a fixture depends on the facts of the case. If the washing machine is permanently attached to the house, such as by being bolted to the floor, then it is likely to be considered a fixture. However, if the washing machine is simply plugged in and can be easily moved, then it is likely to be considered personal property.
What are types of fixtures?
There are many different types of fixtures, including:
- Plumbing fixtures: toilets, sinks, bathtubs, showers
- Kitchen fixtures: cabinets, appliances, countertops
- Lighting fixtures: chandeliers, ceiling fans, sconces
- Other fixtures: carpets, drapes, blinds, mirrors
Is fixture an asset?
Yes, fixtures are considered to be assets. They add value to the property and can be depreciated for tax purposes.
Why is it called a fixture?
The word “fixture” comes from the Latin word “fixus,” which means “fixed.” Fixtures are called fixtures because they are permanently attached to a building or land.
Is a toilet a fixture?
Yes, a toilet is a fixture. It is permanently attached to the building’s plumbing system and cannot be easily moved.
Is a kitchen a fixture?
No, a kitchen is not a fixture. It is a room in a building, not an object that is attached to the building.
How many types are there in fixture?
There are many different types of fixtures, but some of the most common types include plumbing fixtures, kitchen fixtures, lighting fixtures, and other fixtures.
