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Property Fixtures Questions

What are Property Fixtures?

Anything that may be permanently attached or fixed to real property may be considered a property fixture. It may cause a permanent damage to the property if it is removed from the property. It should always remain on the property as it is considered to be a part of real property legally. Given below are popular questions about fixtures and fittings that are asked by different people.

Can Individuals Remove Fixtures from a Foreclosed Property?

In most situations, individuals may be allowed to take out personal property from a foreclosed house. He/she may not be allowed to remove real property like fixtures and fittings from the home. If he/she had paid to have the fixtures and fittings installed in the house, he/she may have to replace them with other functioning items. The individual may not replace them with broken or non functioning items. He/she also needs to be careful not to damage the property while taking the fixtures out. The individual can be held responsible if the property gets damaged.

Would Plants and Pavers in the Backyard of a House be considered Property Fixtures?

Any item would be considered a property fixture depending on how it may be attached to the property. Plants and trees may be considered property fixtures as they may be directly planted into the property. Whether pavers can be considered fixtures or not would depend on the size of the property or backyard. If the land was small and the pavers were just placed on it in such a way that it can be carried away anytime, it may not be considered a fixture. However, if the yard is large and the pavers are fixed to the ground, then in some situations, they may be considered fixtures.

Can a Criminal Case be Filed against a Tenant for removing Fixtures and Fittings from a Property?

If the value of the property from which the fixtures were taken is more than $400, it may be considered grand theft. However, in most situations, if a tenant removed fixtures from a property, it would be considered a civil matter and would be reported in a civil court.

What can an Individual do if he/she does not get paid for Supplying and Installing Fixtures on a Property?

In most situations, if an individual does not get paid for supplying and installing fixtures on a property, he/she may place a mechanic’s lien on the property. If he/she cannot do so, he/she may sue the contractor for nonpayment. The individual, however, may not remove the fixtures from the property.

Can a Lessee Remove any Fixtures and Fittings that he/she may have added to the Property, once the Commercial Lease Expires?

In most commercial leases, any trade fixtures that may be added by the lessee would be considered the property of the lessee. The lessee may remove these fixtures from the property once the lease expires as long as there are no damages to the property and it is given to the owner in its original condition.

When an individual takes a property on rent, he/she may get the property along with any fixtures or fittings that may be there on the property. In some situations, the individual may also add fixtures furniture to the property. It is important for people to know what their rights are with regards to property fixtures and fittings. Can they add fixtures to a property or can they remove fixtures from a property are some of the questions that tenants may have when they move into a new house. Having information about rules and laws regarding property fixtures will help people know what they can add to or remove from properties without getting into trouble with the owners.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5332
Experience:  17 years of legal experience including real estate law.
4460311
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Recent Fixtures Questions

  • Landlord kept security deposit $1700. I sued and he countersued

    Landlord kept security deposit $1700. I sued and he countersued for $4000. Consulted an attorney for $175 who said I did not need one and that I would win in court. Went to court and lost simply because I did not have an attorney. I failed to know what to give the judge and the judge did not ask me for any of my documents. The Landlord's attorney ran circles around me and I basically was intimidated into submission. Went back to attorney and for another $200 said it would cost me more than $4000 to defend my case. How can this even happen in America? What is the purpose of a security deposit if it is only going to be confiscated. I am innocent. btw, the landlord is an attorney also! Shyster.
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    We are trying to transition from active duty to civillian, and just bought our first house. After two months of hell barely even getting the house, we were still paying BAH to the onbase military house we had been living in. Because things were so horrible and until the end looked like we would have to stay in the base house until the 28th of this month, we didnt give our 30 day notice and were just going to stay there and figure out what to do next. Long story short, they pushed the house through and we've been struggling to pay for both for the last month, with the problem being we now have to turn over the keys to our base house and they want the payment for october in full which they are owed of course but we wont get our last military check until its mailed to us after they have aidtied it. Plus we'll have to pay for any damages which housing ALWAYS makes up charges and finds ways to rape it's military families with all kinds of insane charges and fees. What can they do to us since we're already out of that house, and it looks like the allotment has stopped for BAH. My husband hasnt gotten another job yet and we're already having to get help to pay the mortgage through some organizations for veterans as we transition. WIll it affect his getting unemployment? Our credit? Can they slap a lien on our new house? I'm a mess and on the verge of a break down. It's not that we arent responsible for the base house, its that the last check that would have solved this problem isnt coming when it should because its the final one. I should have let my husband give the 30 days when he was going to, i was just so afraid we'd not get the house and be out on the streets.
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    can a private country club endorse one real estate company as their preferred realty company for resales and listings within the club.
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