When you purchase a property,
it usually includes the land and everything attached to it, such as buildings,
trees, shrubs, etc. Most buyers are only interested in purchasing the real
estate, not the owner's personal property. What happens when personal property
has become a part of the real estate--is it actually a "fixture" which
now passes with the real estate?
There are three tests which usually need to be
satisfied. Has the personal property been permanently annexed to the real
estate? Is it intended to become part of the real estate? What is the local
custom? Fixtures may include: shades, heaters, ranges, screens, storm windows,
lighting fixtures, etc. To save misunderstanding at the closing--and perhaps the
sale--it is important that the seller spell out specifically in the sales
agreement what will go to the buyer as part of the real estate.
