A fixture is a part of a house, apartment, commercial building, or land (real estate) that is permanent—it is sometimes said to be affixed to the land. Because a fixture is permanent it is real property (as opposed to personal property) and is conveyed or transferred with the sale of the real estate. Ceiling fans, wall sconces, light fixtures, and built-in shelves are examples of fixtures.

The question of whether some element of a house is a fixture may become an issue when the house is sold and the buyer and seller disagree about what was to be included in the sale. The question of whether some element of an apartment or rental house is a fixture may become an issue when a tenant makes an improvement to the house or apartment and, upon termination of the lease, the landlord and tenant disagree about whether the tenant can remove the improvement.

Laws vary from state to state and the question of whether an improvement to the property is a fixture that must remain with the property or is tangible personal property that may be removed is determined by a state’s laws that define fixtures. These laws may be located in a state’s statutes and in a state’s court opinions (case law).

The parties to an agreement for the sale of residential or commercial real estate typically address the issue of fixtures and try to eliminate any disputes by defining what will be included in the sale (fixtures and fittings attached to the property) and itemizing any appliances or personal property that are not fixtures but that will be included in the sale.

Residential and commercial lease agreements typically require a tenant to get the written permission of the landlord before making any improvements or changes to the leased premises—which provides the parties with an opportunity to make a written agreement about whether the improvement will remain with the property upon expiration of the lease.

In New Hampshire, a fixture is considered a permanent part of real estate and is generally included in the sale or transfer of property. Examples of fixtures include ceiling fans, light fixtures, and built-in shelves. The determination of whether an item is a fixture or personal property can be contentious during the sale of a house or at the end of a lease. New Hampshire law, like that of other states, uses various tests to determine if an item is a fixture, including the method of attachment, the character of the item, and the intention of the parties when the item was installed. When real estate is sold, the parties typically address the issue of fixtures in the purchase agreement, specifying what is included in the sale. Similarly, lease agreements often require tenants to obtain written permission from the landlord before making any improvements, which allows for an agreement on whether such improvements will remain with the property after the lease expires. While specific statutes and case law in New Hampshire will provide detailed guidance, these general principles are commonly applied to disputes over fixtures in real estate transactions.