Fixtures are objects that were personal property but have been permanently attached to or made part of real property and thus are now real property.      A bathtub was personal property in its container in a warehouse, but once permanently attached in a home, it became real property.    Items such as rugs, chandeliers, or curtains are more difficult to classify.   

You can use the following tests to decide if an item is a fixture:

Intent of the parties:    The intent of the party placing an article on or in real property is important.  Including a washer and dryer in a sale contract as part of the real property would remove any doubt about the owner’s intention.     If there are disputes, the terms of the sale contract usually are strictly enforced unless there is some indication that the Buyer was misled.  

Relationship between the parties:    The exact nature of the relationship will have to be determined.  Is it a buyer and seller or landlord and tenant?   Usually, a residential tenant is required to leave any item that he/she has attached to the landlord’s property.   If a building is leased as a retail store and display racks and counters are attached, it would generally be ruled that such items are trade fixtures and may be removed.  A trade fixture is an article that is attached by a commercial tenant as a ncecssary part of the tenant’s trade or business and is personal property.

Method of attachment:  The manner in which an article is attached to real property generally indicates whether it is a fixture or personal property.   If removing the item results in damage to real property, the article is classified as a fixture.  (e.g., built in bookcases)

Adaptability:   Was the item designed for, or necessary to, the normal use of a specific property?  If the item is adapted or custom built to fit the property, it will likely be considered a fixture.