When buying or selling a home, one common source of confusion— and sometimes conflict— is what counts as a fixture. Understanding what qualifies as a fixture versus personal property, also known as chattel, can help both buyers and sellers avoid last-minute surprises and disputes. Let’s break down the definition of fixtures and why it’s crucial to clarify these details before closing day.
Generally, a real estate fixture can be defined as an item attached to the property, such as chandeliers, built-in appliances, or mechanicals. For a basic understanding, imagine you turn the house upside down— what items are still in place? Items that are permanently attached by way of bolts, screws, nails, glue, or cement are commonly seen as fixtures (though there are nuances that we’ll discuss). Fixtures are part of the real property and are included with the sale unless the contract specifically states otherwise.
The acronym MARIA can help you remember the legal tests of a fixture.
method
This refers to the method of annexation, meaning how the item is connected to the property and whether its removal will cause damage. It’s the most well-known component, which is why we mentioned turning the house upside down. However, it’s important to remember that all factors of MARIA need to be considered. Not everything that’s physically attached to the property is considered a fixture. Take artwork or picture frames, for example. Certainly no one expects to keep a seller’s family photos or personal decor, even if those items are attached by nails or screws. This is why we test all five elements.
adaptability
Adaptability examines how well the item adapts to the space. This can be a consideration regardless if the object is physically attached. For example, a window seat or entertainment center that was custom-built to perfectly fit an area of the home could be deemed a fixture based on adaptability, even if it’s not affixed to the property. Keep this in mind if you have items that were built or altered to be used in a specific space.
relationship
This rule looks at the relationship between the parties of a real estate contract. It’s not uncommon for courts to rule in favor of the buyer during fixture disputes because the seller should know what they plan to take or leave. Therefore, it is the seller’s responsibility to disclose this information when there are items that either fall into a grey area or are definitely fixtures that they intend to take.
intent
Speaking of intention— that’s exactly what this component examines. What was the intention when the item was installed? This test often goes hand-in-hand with adaptability, though it can sometimes be harder to prove. If we’re looking at a built-in appliance, we can safely assume this was intended to be a permanent part of the structure. Landscaping is another item where intent comes into play along with the method of annexation. If you have a tree planted in the yard, the intention was probably to let the tree live out its full life cycle there. In addition, digging up the tree could cause significant damage to the yard and surrounding landscaping. Therefore, method of annexation would also conclude that the tree is a fixture.
agreement
Here we’re looking at the agreement between the parties. Does the contract expressly state what items are or are not included with the sale? The written terms of the contract typically trump all else. Even if something meets every other fixture test— even if it’s something highly unusual, like a furnace— if the executed agreement states that the item is not included, it will be hard for a buyer to argue that the seller wasn’t permitted to take it. When in doubt, always write it into the contract!
Let’s look at two different scenarios for a mirror. It’s not uncommon for people to hang mirrors above their fireplace mantel, but it’s not an expectation. As the seller, you may need to do repairs after removing the mirror if it’s bolted into brick but, assuming there’s no irreparable damage, most buyers won’t take issue with you keeping that particular mirror. On the flip side, bathroom mirrors are expected. Not having one is unusual enough that most of us would immediately notice a missing bathroom mirror. This is a good way to compare adaptability and intent vs method of annexation. The mirror above the mantel is likely harder to remove than the bathroom mirror, yet the latter is an obvious fixture. The former is more likely to be considered personal property.
trade fixtures
Trade fixtures are items installed by the tenant of a commercial property for the purpose of conducting their business. These would be items like grocery store shelves, refrigerators, deli counters, etc. Barring any lease terms that state otherwise, tenants are always permitted to remove their trade fixtures prior to the end of the lease agreement. This is an important distinction if you are purchasing a commercial property.
emblements
Agricultural land also comes with a caveat. Similar to trade fixtures, annual crops (such as corn, soybeans, or wheat) are called emblements, a type of personal property. If the land is sold before harvest, the farmer usually retains the right to return and harvest the crops. Perennial crops that regrow each season (like fruit trees or grapevines) are typically considered fixtures that stay with the land.
Now that you have a better understanding on what stays and what goes, you can enter your next real estate deal armed with this knowledge. And don’t forget the most important rule— when in doubt, make sure it’s written in the contract!