Understanding the basics of legal fixtures can be a bit of a headache. In its most basic form, a fixture is an item that was once movable and has become affixed to real property or land. Fixtures can also include objects that weren’t originally part of the property, but were added in such a way that it is treated as part of the property (like a chandelier in a kitchen).
For a business professional, understanding the legal implications of a fixture is important if you are buying, selling or leasing property. Legally speaking, if you are selling a property with a fixture, the buyer takes it with the property. This means the buyer of the property assumes responsibility for it. If you are leasing the property, the fixture must remain part of the property and the tenant would have exclusive use of it.
Modern examples of legal fixtures may include a kitchen island, a light fixture, built-in furniture and appliances, security systems, inground swimming pools, and other property improvements. In the case of renting an apartment, it is important to note that many amenities may be considered fixtures and remain with the property even if you return possession of the apartment to the landlord. These may include kitchen cabinets and counters, wall-to-wall carpeting, air conditioning units, and any other items affixed to the property (e.g. ceiling fans).
It is crucial to understand the legal terminology of fixtures when taking on any property related transaction. Depending on the terms of the agreement, you may be assuming responsibility for the improvements or be receiving them with the property.