fixture

An article in the nature of personal property which has been so annexed to the realty that it is regarded as a part of the real property. Leawood Nat. Bank of Kansas City v. City Nat. Bank & Trust Co. of Kansas City, Mo.App., 474 S.W.2d 641, 644.

That which is fixed or attached to something permanently as an appendage, and not removable. A thing is deemed to be affixed to real property when it is attached to it by roots, imbedded in it, permanently resting upon it, or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws. Goods are fixtures when they become so related to particular real estate that an interest in them arises under real estate law; e.g., a furnace affixed to a house or other building; counters permanently affixed to the floor of a store; a sprinkler system installed in a building. U.C.C. No. 9-313(lXa).

@ agricultural fixtures

Those annexed for the purpose of farming. In re Shelar, D.C.Pa., 21 F.2d 136, 138.

@ trade fixtures

Articles placed in or attached to leased property by the tenant, to facilitate the trade or business for which he occupies the premises, or to be used in connection with such business, or promote convenience and efficiency in conducting it. Such personal property as merchants usually possess and annex to the premises occupied by them to enable them to store, handle, and display their goods, which are generally removable without material injury to the premises. Unlike regular fixtures, trade fixtures are not considered part of the realty. U.S. v. Lambert, D.C.Neb., 362 F.Supp. 609, 612

+ trade fixtures

Personal property used by tenants in carrying on business. Such fixtures retain the character of personal property; e.g. shelves used to display merchandise.

See also fixture

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