What is fixture in real estate, and how is it determined?

Which items stay with a house after a sale depends on whether they’re fixtures. What are home fixtures? In real estate, fixtures meaning typically refers to items permanently attached to the property that transfer to the buyer. This guide explains the definition, the MARIA test, common gray areas, and how to avoid disputes.

Definition and examples of real estate fixtures

What are considered fixtures in a home? A real estate fixture is any object permanently attached to a property by way of bolts, screws, nails, glue, cement, or other means. That means when you move out of a house, these pieces of property stay with the house for the new owner to use.

For the most part, home fixtures are easy to identify because they are often attached to the house itself. These include items that are generally expected to be permanent home fixtures if installed. Examples include:

• Chandeliers
• Ceiling fans
• Built-in bookshelves
• Landscaping, plants, and trees
• Light fixtures
• Curtain rods
• Window blinds
• Towel racks
• Built-in appliances
• Some appliances, such as washers and dryers
• Smoke and carbon monoxide detectors

However, there are some gray areas. Are refrigerators considered fixtures that should be left behind when the house is sold? How about washers and dryers? Typically, they aren't fixtures, but sometimes they are.

Confused? Don’t worry, let’s dive deeper into what exactly makes a fixture permanent – and when something impermanent might be considered a fixture.

Are fixtures the same as real property?

Since they are permanently affixed to the home, fixtures are typically considered real property. Real property refers to any item that is attached to and part of the property and may be factored into its fair market value.

For example, landscaping often is considered a home fixture and real property. The trees and plants in your yard likely won’t be moving with you and may affect property value by increasing your curb appeal, making them both real property and likely home fixtures.

Real vs. personal property

All items on your property are either real or personal property, and it’s usually simple to distinguish between them. Personal property stays with the seller and is removed from the property after it's sold. Real property transfers to the new owner.

Items that are attached to the property and contribute to its value are considered real property. Items that are movable and subject to personal ownership are considered personal property, also known as "chattel."

An example of real property is a barn or shed permanently attached to your property. Personal property, on the other hand, is something like your sofa or a chair, which you'd bring with you if you decided to move house.

How to identify fixtures with the MARIA test

MARIA is an acronym and a test used by real estate agents to identify fixtures.

Since identifying fixtures isn't always straightforward, partially due to different state and local rules on what constitutes a fixture, MARIA helps real estate agents and other parties in a sale clear up the confusion.

Let’s go over what each letter in “MARIA” stands for:

• Method of attachment. If an item is permanently attached to the house using methods like glue, cement, or screws, it's usually considered a fixture.
• Adaptability. If an item has "adapted" to a purpose in the home or has become an integral piece of the house, it's also a fixture. A common example of this is a pool cover. Though you could easily pack a pool cover and bring it with you when moving, it's intended to cover the pool at that house. It is therefore an integral part of that piece of real property.
• Relationship of the parties. Sometimes, who's who in a fixture dispute can change the way some items are evaluated. If a buyer and seller are disputing a fixture, such as the blinds or curtain rod above a window, it is typically assumed that the item was installed with the intent to become a permanent fixture in the house. If the dispute is between a landlord and a tenant, however, it's usually assumed that anything a tenant installs is intended to be removed and brought with them, so it might not be considered a fixture.
• Intention. The reason an item was installed or attached can also dictate whether it is a fixture. If items aren't attached to the property, such as stoves or refrigerators, they may not be fixtures by default. But if the homeowner intended to build it into the home as a permanent fixture, it might count as one if both the home buyer and seller acknowledge it as such.
• Agreement. The best way to know exactly what's included in a home sale is to include it in the purchase and sale agreement.

Common fixture disputes in real estate transactions

Some items can go either way. Here are a few items commonly debated in real estate transactions:

• Appliances. Built-in appliances, such as dishwashers, are typically considered fixtures because they won't move with you when you sell the house. Other appliances, such as unattached washers and dryers, refrigerators, and freezers, are personal property because they aren't attached.
• Playgrounds and swing sets. Free-standing swing sets and other playsets that aren’t cemented into the ground in a yard also are often debated. A swing set cemented into the ground might be considered real property and a fixture, but the lines blur when these structures are not permanently affixed to the ground.
• Mirrors. Typically, if a mirror is bolted or otherwise permanently attached to the wall, it’s considered a fixture. However, free-standing mirrors are personal property. It's case-by-case, depending on the type of mirror.
• Light fixtures. Since light fixtures are typically attached to the home and considered an integral part of it, they are usually considered fixtures. If you intend to bring a light fixture with you when moving, it should be made clear in the purchase agreement to avoid potential conflict with the buyer.
• Window treatments. While curtains and other detachable window accessories tend to leave with the seller, other permanent window treatments, such as curtain rods, often are considered fixtures. If you’re unsure whether the curtains or blinds in a home you’re looking to buy are fixtures, it’s always best to ask the seller rather than face disappointment later.
• Basketball hoops and courts. If a home has a basketball court, the court itself is a fixture. The hoop, however, may be debatable. If the hoop is cemented into the ground, it's considered a fixture. On the other hand, a basketball hoop that sits above ground could be considered personal property.

How to avoid disputes over real estate fixtures

The best way to avoid disputes over fixtures, whether you're preparing your home for sale or buying one, is to be clear and transparent about which items are going with the seller and which will remain in the home for the buyer.

It's recommended to request, in writing, a list of which items will be staying with the house and which won't before the final walk-through. Constant and clear communication between both parties usually clears up any confusion about fixtures before they become an issue.

The bottom line: Fixture flexibility can save you money

Usually, anything permanently attached to a property is a fixture and will stay with the home when it's sold. However, there are gray areas, so it's always important to ask the seller or consult a purchase agreement if you're unsure of something.

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