What is Considered a Fixture in Real Estate?
In real estate, a fixture is personal property that becomes part of real property. For as long as I have been in the business, buyers and sellers have disagreed about what is considered a fixture vs. personal property.
Essentially, a real estate fixture is anything permanently attached to a property by nails, screws, bolts, cement, glue, or other similar means.
Understanding how fixtures are classified prevents disputes during property transactions. The MARIA framework simplifies the process of determining what stays and what goes.
I will provide the following information to help you better understand fixtures in real estate sales:
- How to determine a fixture using the MARIA acronym.
- Commonly disputed items and their classifications.
- The importance of exclusions in real estate agreements.
As a Massachusetts Realtor with almost forty years of experience, I have seen disputes regarding what stays and what goes in a home sale come up reasonably often. Sometimes, the inexperience of one of the real estate agents contributes to the problem. The definition of fixtures in a sale can be confusing, especially when factually incorrect information is passed on to a consumer.
Disclosing your position on what is included or excluded from the sale should be part of a home sellers checklist.
Let’s explore how to identify fixtures and avoid misunderstandings.
What is Considered a Fixture in Real Estate?
Understanding the MARIA Acronym for Fixtures
The MARIA framework evaluates five factors to determine if an item is a fixture: Method of attachment, Adaptability, Relationship, Intention, and Agreement.
1. Method of Attachment
Attachment plays a key role in classifying a fixture.
- An item bolted, nailed, or screwed into the property is likely a fixture.
- For example, a built-in oven becomes part of the real estate because of its permanent installation.
- Conversely, movable…