February 28, 2018 |  Real Estate

Have you ever asked yourself what a house fixture in real estate is?

“There is this house that we purchased me and my husband in Land Park. It is a 6X3 feet with a perimeter fence of a rose garden lines at the backyard of the main fence. When we were conducting a home inspection the present day that we bought the home, the roses were there. When we woke up the next morning, it wasn’t there. When we asked the agent, we were told that they are fixtures. Now we were left wondered. What kind of house things is called fixtures? Might it be that the seller took them out?”

When it comes to house fixtures, it merely depends with the estate.  If I can say clearly, a fixture is any kind of plant with roots, or landscape firmly lay in the ground. However, it is not supposed to be found within the house.

If the seller doesn’t return the roses, it is your right to claim from the seller to be returned back your reimbursement so that you can buy elsewhere that pleases you.

Before I walk through the home with the retailer to discuss the fixture issue, I first get myself a copy of the listing. If the personal property is fastened to real estate or affixed, that makes it a fixture. You should know that fixtures become real property when they have a connection with the property itself.

However, if a retailer has some affection with a certain fixture, it is my suggestion that the seller removes the kind of fixture and re-places it with another one. Otherwise, if the buyer does not see it, he is not in a position to claim it. As you know, it is just a human nature that someone always claims for something immediately he has seen it but if at all he hasn’t seen it, it can never happen that the person claims the object.

It is funny and surprising at the same time to see the things that people attaches themselves at. When I purchased my home, the retailer, without my permission or knowledge, removed the bedroom drapes the final day. Those drapes were custom made for the windows and the curtain rods. I demanded she return them but she opposed. It is when I threatened to take her to court that she decided to return them the next day with an apology and a bottle of wine.

I came to understand that the drapes were unable to fit the windows of her new home that’s why she even returned them. Now when I asked her why I asked her why she took them, she claimed that they were expensive.

Let me say, drapes or curtains are window coverings. If you are in a position to remove them by sliding them off the rod, then you cannot consider these coverings as fixtures. But what that you can consider as fixtures include the window shades, blinds, and curtain rods.

Can You Determine if a Personal Property is a Fixture?

Different states in the world have varied key points of categorizing an item as a fixture. In California, the following five tests were used in a court to determine what a fixture is and what it is not.

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