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Fixture

National Real Estate Exam glossary · Property Ownership

Definition

An article that was once personal property but has become real property by being permanently attached to or adapted for use with the land or building. Whether an item is a fixture is judged by the tests in MARIA—Method of attachment, Adaptability, Relationship of the parties, Intention, and Agreement—of which intention is the most important.

Fixture in plain English

A fixture is an item that STARTED as movable stuff you own ("personal property") but became part of the building once it was permanently attached — so it now legally counts as part of the real estate and stays with the house when it's sold. This matters in a home sale: a free-standing lamp goes with the seller, but a bolted-in ceiling light usually stays. Courts decide close calls using MARIA: Method of attachment (how firmly it's fastened), Adaptability (is it custom-fit to this place), Relationship of the parties (who's involved, like tenant vs. owner), Intention (did they mean it to stay), and Agreement (what the contract says) — and Intention matters most. Quick test: if ripping it out would leave a hole or damage, it's probably a fixture; a picture on a nail isn't, but the mounted TV bracket screwed into the wall likely is.

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