Fixtures

A fixture is personal property that has become so affixed to real property that it passes with the land on conveyance. The test considers: (1) method of annexation; (2) adaptation of the item to the property's use; and (3) intent of the annexing party. Trade fixtures installed by a tenant generally remain the tenant's property.

Related Real Property Contracts & Conveyancing rules

• Statute of Frauds — Real PropertyA contract for the sale of real property must be in writing signed by the party to be charged, and must describe the…
• Marketable TitleA vendor of real property impliedly covenants to deliver marketable title at closing — title reasonably free from…
• Equitable ConversionOnce a contract for the sale of land is signed, equity treats the buyer as the owner of the real property and the…
• Deed RequirementsA valid deed must: (1) be in writing; (2) identify the grantor and grantee; (3) contain words of conveyance (granting…
• Delivery of DeedsDelivery requires the grantor's present intent to be immediately bound by the conveyance. Manual transfer raises a…
• Types of Deeds — Covenants of TitleA general warranty deed contains six covenants: seisin, right to convey, against encumbrances, quiet enjoyment,…
• Merger DoctrineUpon closing, the contract for the sale of land merges into the deed; the contract's terms are extinguished and the…
• Adverse PossessionAdverse possession ripens into title when the claimant's possession is: (1) actual; (2) open and notorious; (3)…

Part of Real Property on Core Legal Rules — foundational MBE-tested principles with primary-source citations.