Fixtures vs. Personal Property: The Proactive Solution
It’s not always clear whether something is a “fixture” or “personal property.”
In theory, the test is straightforward: is the item in question permanently attached?
The rub, of course, is what constitutes “permanent”: one person’s easy removal and repair (usually by the Seller) is another’s “of course it should come with the house!” (uttered by Buyers).
Practicing an Ounce of Prevention
Enter TV brackets and mounts, a notorious gray area in today’s housing market.
Rather than risk a misunderstanding, at least one local agent is preemptively addressing which is which in the “Agent Remarks” section of MLS.
That may be a bit early in the process, but it’s certainly the right idea . . .
P.S: Interestingly, when it comes to fixtures, size doesn’t matter.
So, a free-standing Grand piano is personal property, while a Bathroom sconce is a fixture.
See also, “Fixture Confusion”; and “How to Tell if Something is a Fixture.”
