Fixture

Fixture

An object which has been annexed to and made part of a property.  If an object becomes a fixture, it passes with the property that is conveyed by deed, intestacy, under a will, by adverse possession, mortgage foreclosure, or taken by eminent domain.  The person who formerly owned the object before it was annexed to the property looses title to it when it passes to the new owner of the property.  Any personal property essential to the functional utility of a fixture may not be removed from the property (ex.  garage door opener, hose attachments to central vacuum system).

  • Example : Bob is selling his home to Sally.  Bob would like to take the awning outside in his backyard with him.  However, Sally insists that the awning is a fixture and Bob must leave the awning and the crank used to operate it.
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