Fixtures

Question 1

General Rules of Fixtures

Answer 1

• Fixtures become part of the property and therefore cannot be removed
• whether an item is to be considered a fixture hangs on intent
  
  • did the one doing the installing intend for the item to become a permanent fixture?
• If there is an express agreement between the parties, then the agreement controls

Question 2

Intent

Where there is no agreement between the parties as to the fixture, there are four factors relevant to determine intent

Answer 2

1. Degree of Attachment
2. General Custom
3. Degree of Harm to premises on removal
   
   • if it can be removed without damage, courts will presume there was no intent to make permanent
4. Trade fixtures
   
   • items used in trade and business are never permanent fixtures

Question 3

If an item of personal property is not a fixture, when may it be removed?

Answer 3

• Tenant must remove before he vacates at the end of the lease
• Seller must remove item before closing or else he will lose the chattel