A chattel that was at first a moveable object that then becomes part of the property due to it being attached with an objective intent to improve the property. In determing what qualifies as a fixture, the standard used determines whether the chattel can be removed from the property without causing substantial harm. If the removal would cause substantial harm to the property, then it qualifies as a fixture and cannot be removed.
Definition from Nolo’s Plain-English Law Dictionary
Anything that has been attached to real estate in such a way as to become part of the premises. Unless the owner of the fixture and the owner of the real estate agree otherwise, the fixture becomes the property of the landowner once it is attached. When a tenant has installed a heater, window box, or other item that is bolted, nailed, screwed, or wired into the wall, ceiling, or floor, it becomes the property of the landlord. A trade fixture is an item needed by a business, such as machinery or other equipment, and despite its name, these usually do not become part of the building (commercial leases typically include a clause allowing tenants to remove these fixtures when the lease is up).
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:16 pm