Real Estate and Fixtures

Anyone that has ever purchased a home, or has looked into the prospect knows that there are a ton of things to consider about the real estate. One very over looked issue is that of fixtures. Fixtures within a piece of real estate actually have defined ownership based on certain aspects of the fixture, which I shall enlighten you too.

But first, let's define what a fixture is; a fixture is anything that is currently on or inside the piece of real estate property. You could have things like light fixtures, which would be any form of lamps, or attached ceiling lights in or around the piece of real estate. A ceiling fan is also an example of a fixture. Basically anything that is not the actual home is considered a fixture!

Oddly enough, the two biggest kinds of fixtures regarding residential real estate that create the most issues between the buyer and seller are dining room fixtures and tool sheds, which are usually located outside. Tool sheds? It sounds crazy, but if you've ever been house hunting and seen a home with a small or medium sized storage or tool shed in the backyard, that is actually a fixture. Most buyers don't expect the sheds to be picked up and taken away after the sale, but it happens more often than you'd think and can create some real problems including a visit to the local judiciary!

So how can we, as buyers and sellers of personal real estate, avoid the discrepancies which fixtures create? Well, knowledge is power, and knowing is half the battle. The other half is a good solid contract of sale!

There are several things to know about fixtures, ways to define a fixture in a piece of real estate, and also how the law applies to real estate regarding fixtures. Let's take a look at some of these applications and definitions.

This nice looking chandelier would be expected to remain in the home by the buyer, since it is an attached fixture.

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