Practical Law Glossary Item 1-382-3476 (Approx. 2 pages)
Glossary
Fixtures
Goods that have become so related to particular real property that an interest in them arises under real property law (UCC § 9-102(41)).
Generally, personal property that is, or will be deemed to be, part of the real property is categorized as a fixture. Fixtures can include equipment or machinery that is affixed to the real property.
Though state laws vary in threshold criteria for determining whether personal property can be categorized as a fixture, several commonly considered factors can include:
The intent of the parties and whether the item was intended to become and remain part of the real property.
The method of annexation and how permanently the item is affixed to the real property.
The adaptation of the item and whether it is essential to the building or its operation.
The relationship of the parties.
For example, determining if the annexation was intended to be permanent or whether it was intended only for a temporary period of time can be analyzed in the context of the relationship between the parties. In the context of a commercial landlord tenant relationship, fixtures that are annexed to the real property and that are a part of the tenant's business are often called trade fixtures and are not deemed to be part of the real property.