MBE Rules · Real Property
Fixtures — when chattel becomes realty
The rule
A chattel becomes a fixture — and thus part of the real property — when it is annexed to the land in a manner and with an intent showing it was meant to be a permanent addition, judged by (1) the degree of attachment, (2) adaptation to the use of the realty, and (3) the annexor's intent. Trade fixtures installed by a commercial tenant remain the tenant's personalty and may be removed before lease termination if removal does not cause substantial damage.
In plain English
A grill bolted to the deck of the house you just sold — does the buyer get it? The intent-to-annex test decides. Trade fixtures (the pizza oven a restaurant tenant installed) get special treatment: the tenant keeps them.
How examiners test it
Sale-of-land question with chandeliers, built-in appliances, or storage sheds.
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