When isan item considered to bea fixture versus the tenant’s personal property?

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When isan item considered to bea fixture versus the tenant’s personal property?

New tenant purchased a folding kitchen table which was bolted to the wall by tenant. Is this a fixture or the tenant’s property? Also, garden built by landlord and tenant consisting of 1 foot high boarder enclosure for soil. This fenced-in structure sits on soil where there used to be flowers. All materials for this structure purchased by tenant. Fixture or tenant’s property?

Asked on July 18, 2011 under Real Estate Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) The table--if bolted to the wall, it would usually be considered a fixture; typically, anything attached to the property is considered a fixture. Thus, a microwave oven, for example, hardmounted to the wall is a fixture, while a microwave sitting on the countertop is not.

2) The garden--if is it is affixed to the ground and/or holds some portion of the actual landscaping, including holding soil at a level higher than the surrounding soil ("boarder enclosure for soil") would usually be considered a fixture, too.

A good test to apply is this: if a third party walked into the home or garden and saw the item, would that third party think that the item would go with the home or not if sold?


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