Fixtures

Introduction to Fixtures

Fixtures, personal property that has been attached to real property. Real property is land and anything firmly attached to the land, such as buildings and permanent attachments to those buildings. According to English legal tradition, also called Common Law, if a tenant attaches personal property to land, it becomes real property and cannot be removed by the tenant.

At an early date courts held that if tenants of business properties attached personal property to real property in the course of their work, it could be removed before the expiration of the term but not after. Such fixtures were called trade fixtures. In the legal tradition of the United States, the rights of tenants have been gradually expanded so that if a tenant attaches personal property to real estate, it can be legally removed under certain circumstances. See also Property.” (1)

Resources

Notes and References

• Information about Fixtures in the Encarta Online Encyclopedia

Guide to Fixtures