FIXTURE

fixture. Personal property that is attached to land or a building and that is regarded as an

irremovable part of the real property, such as a fireplace built into a home. See UCC §

9-102(a)(41). • Historically, personal property becomes a fixture when it is physically fastened to

or connected with the land or building and the fastening or connection was done to enhance the

utility of the land or building. If personal property has been attached to the land or building and

enhances only the chattel’s utility, it is not a fixture. For example, if bricks are purposely stacked

to form a wall, a fixture results. But if the bricks are merely stacked for convenience until used for

some purpose, they do not form a fixture. — Also termed permanent fixture; immovable fixture.

Cf. IMPROVEMENT. [Cases: Fixtures 1.]

“A fixture can best be defined as a thing which, although originally a movable chattel, is by

reason of its annexation to, or association in use with land, regarded as a part of the land…. The

law of fixtures concerns those situations where the chattel annexed still retains a separate identity

in spite of annexation, for example a furnace or a light fixture. Where the chattel annexed loses

such identity, as in the case of nails, boards, etc., the problem becomes one of accession.” Ray

Andrews Brown, The Law of Personal Property § 137, at 698 & n.1 (2d ed. 1955).

“Broadly, goods can be classified for the purposes of [UCC §] 9-313 into three categories:

those that remain ‘pure goods,’ those so substantially integrated into real estate as to become real

estate themselves, ‘pure realty,’ and those in the gray area that would pass in a deed to the real

estate but that retain separate status as personal property. These last are fixtures.” 4 James J. White

& Robert S. Summers, Uniform Commercial Code § 33-8, at 338 (4th ed. 1995).

tenant’s fixture.Removable personal property that a tenant affixes to the leased property but

that the tenant can detach and take away. — Also termed movable fixture. [Cases: Fixtures 13.]

trade fixture.Removable personal property that a tenant attaches to leased land for business

purposes, such as a display counter. • Despite its name, a trade fixture is not usu. treated as a

fixture — that is, as irremovable. [Cases: Fixtures 15.][Blacks Law 8th]