When can personal property be considered a fixture in real estate?

Personal property is typically considered a fixture in real estate when it is permanently attached to the land or a building. This attachment changes the nature of the personal property, transforming it into an integral part of the real estate. The permanence of the attachment means that when the property is sold or transferred, the fixture usually remains with the property, whereas personal property could be removed without affecting the property itself.

While legal documentation, property value, and the intended use of the property can influence perceptions about fixtures, the defining characteristic is the permanence of the attachment. For example, if a tenant installs shelving that can be easily removed, this would not be considered a fixture. Conversely, built-in cabinets that are affixed to the structure of a home qualify as fixtures. This distinction is crucial in real estate, as it impacts what is included in a sale and how property rights are defined.