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Re: Non-Fixtures are Personal Property

Posted by Jk on May 23, 2003 at 0:32 AM

In Reply to: Non-Fixtures are Personal Property posted by SeanW on May 20, 2003 at 5:09 PM

: Generally, a fixture is "affixed" to the house. Bolted on, glued, cemented, wired or nailed in place. A stove and fridge, a washing machine, even a window mounted air conditioner may be easily removed and are not fixtures unless "affixed".

: He may have something of a point if the stove is a unique color that matches the rest of the kitchen... but basically it sounds to me like he is just being a cheapskate. Tell him to get lost.

fixtures:
An article that was once personal property but has been so affixed to real estate that it has become real property. Whether an article is a fixture depends on the intention of the parties and may be determined by the manner in which the item is attached, its type and adaptability to the real property, the purpose it serves and the relationship of the parties. In California built-in appliances are considered fixtures. Items like stoves and dishwahsers are usually considered part of the property while refrigerators are usually not. The color of the item would make no difference.


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