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What is considered Real Property and Fixtures

Updated on June 14, 2013

What is the legal terms real property and fixtures, what do they mean?When you purchase a house and property, this is considered real property. Real property is broken down to the surface, sub-surface, air space, plant life and all buildings and fixtures attached to the property. Unless otherwise specified in the agreement, the water, minerals and even any oil and gas under the property lines straight down, are also considered part of the property as well.

The hardest part of determining what part of the property is yours, is when it comes down to what are and are not considered fixtures. Fixtures are anything that is considered affixed to the realty. The easiest way to classify fixtures lie within what was the end result of the property. Items such as fences are a good example of a fixture. A fence is usually dug into the ground and cemented, meaning very clearly that it is supposed to be their permanently. “ As long as the owner intends the property to be a fixture, it will be a fixture” (Miller and Hollowell 2012). Drapes and even air conditioner window units can also be considered permanent fixtures of the property as well. So if you are a buyer or the seller, it should be made clear in the written agreement what actually is being included in the sale, it is better for all involved.


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