What are fixtures?

In the world of property, real estate with buildings thereon is considered to be real property. Everything else of a physical nature is generally considered to be personal property. So your home is real property but the furnishings in your home are personal property. In between are fixtures. Fixtures are not incorporated into the building so as to become part of the real property yet they are affixed to the property. An example would be shelving. The case law dealing with commercial tendencies state that it is a question of fact as to whether or not the items are fixtures which become affixed to the real property or if they are trade fixtures which may be removed from the property. The point is, if you were going to make changes to your apartment or if you are leasing a store you should be clear with the landlord as to whether or not you have the right to remove the fixtures at the end of the lease and take them with you. Similarly when you purchase a property if there could be any question as to whether or not an item might be removable or not it should be specifically addressed in a purchase and sale agreement.  Items that come up typically are carpeting,(is it wall-to-wall or is it area carpeting), fireplace screens and/or fixtures within the fireplace, bookcases or anything similar that there may be an argument as to whether or not it is personal property or a fixture that is part of the home.

If you have questions about this or any other real estate matter, please contact Tom Bennett at (617) 531-6574 or tvb@barronstad.com.