Real Property
Personal property that has been permanently attached to real property and is therefore considered part of the real estate.
A fixture is an item that was once personal property (chattel) but has been attached to the real property in a manner that makes it part of the real estate. Whether an item is a fixture is determined by the method of attachment, adaptability to the property, intent of the party who attached it, the relationship of the parties, and any written agreements. Common fixtures include built-in appliances, ceiling fans, and permanently installed shelving. Fixtures transfer with the property unless specifically excluded in the contract.
Exam Tip
Trade fixtures are an exception, a commercial tenant's business equipment can be removed at the end of the lease even though it's attached. The exam tests this distinction.
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Real Property
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NY Real Estate Real Property
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