Apply these four basic tests to determine whether an article is personal property or a fixture (and therefore part of the real estate).
- A written agreement between parties to a contract is the one certain way to avoid a dispute between a buyer and seller.
- The intent of the parties at the time the article was attached is generally considered one of the most important factors in deciding whether an article is a fixture.
- The adaptation of an article to use in a particular building is another test of a fixture: Has it been customized for this home or is it a standard purchase item?
- The permanence of the manner of annexation, or attachment. An item attached to the land by permanent means such as cement, nails, or bolts becomes a fixture.
From Shannon Kilgore (Realtor with Amarillo’s Parkview Realty, LLC)
Peat Nance, Cheryl. Modern Real Estate Practice inTexas. La Crosse: DF Institute, 2009
