Disputes in fixtures

What is the name of your state? California
Do disputes in fixtures favor the buyer or the seller? Where can I research cases on this matter?

[I AM ALWAYS LIABLE]

Originally posted by CCPENNOCK
What is the name of your state? California
Do disputes in fixtures favor the buyer or the seller? Where can I research cases on this matter?

My response:

I have already dealt with this issue by another writer. Please use the "Search" function at the top of the screen. Use the word "fixture". Then, if you still have questions, come back to this thread.

In the meantime, and generally speaking, "fixtures" are a part of the real property, defined as things "affixed to land," "embedded in it," "permanently resting upon it" or "permanently attached to what is thus permanent." If an item is attached to real property in such a manner as to indicate that it is to be permanently affixed, it is likely to be considered a part of the real property. An item that can be readily removed may still be a fixture if the clear intention of its purpose is nevertheless to be part of the real property.


IAAL

[HomeGuru]

Originally posted by CCPENNOCK
What is the name of your state? California
Do disputes in fixtures favor the buyer or the seller? Where can I research cases on this matter?

**A: your question is over broad, cumbersome and ambigious.
Are you the Buyer or the Seller and what exactly is your specific question?
You might not need to research case law as the statutory law may suffice.

[HomeGuru]

IAAL, sounds like the writer's homework question in real estate 101 class.

Home Guru, I have two books written by the same people.My RELaw book says the buyer is favored when a fixture dispute arises the REPrincipals book says the law favors sellers when a fixture dispute arises. If you woukd rather not answer I can respect that decision but could you please give me guidence as to where I can find the correct answer?

[I AM ALWAYS LIABLE]

Originally posted by CCPENNOCK
Home Guru, I have two books written by the same people.My RELaw book says the buyer is favored when a fixture dispute arises the REPrincipals book says the law favors sellers when a fixture dispute arises. If you woukd rather not answer I can respect that decision but could you please give me guidence as to where I can find the correct answer?

My response:

It's not a matter of "favoring" the buyer or the seller. It's a matter of the type of thing, how it was "affixed", and whether such "affix" was meant to be permanent in nature.

Please, be more specific with the type of fixure, and if it was affixed.

IAAL

I Am Always Liable- Thank you for your responce. My problem is that I have two books with different answers to the same question concerning disputes about fixtures. and who prevails in court. I figure the intention of the seller is the deciding factor. Would you agree?

Home Guru, In the case we discussed it was lightbulbs in all hotel lights that were removed by the sellers prior to the new owners physically taking over the hotel. The lightbulbs were not mentioned by either the buyer or the sellers before hand. This case was in New York, how do I find out if it would have been decided the same (in favor of the sellers) in California?

[I AM ALWAYS LIABLE]

Originally posted by CCPENNOCK
I Am Always Liable- Thank you for your responce. My problem is that I have two books with different answers to the same question concerning disputes about fixtures. and who prevails in court. I figure the intention of the seller is the deciding factor. Would you agree?

My response:

"I re-roofed my house with tiles. However, when I sell the house, I fully intend to take all the tiles with me, and leave the bare wood showing."

What's wrong with that picture?

I don't CARE what the "intent" of the seller was. I only care about the NATURE of the fixture, and whether it became a permanent part of the house. Generally speaking, "fixtures" are a part of the real property, defined as things "affixed to land," "embedded in it," "permanently resting upon it" or "permanently attached to what is thus permanent." If an item is attached to real property in such a manner as to indicate that it is to be permanently affixed, it is likely to be considered a part of the real property. An item that can be readily removed may still be a fixture if the clear intention of its purpose is nevertheless to be part of the real property.


IAAL

[I AM ALWAYS LIABLE]

My further response:

The statutory definition of a "fixture" (Ca Civil § 660) is not always easy to apply. In practice, courts utilize three fundamental tests to ascertain whether an item of personal property has become so affixed to the land as to become part of the real property (and hence, a fixture) (San Diego Trust & Sav. Bank v. San Diego County (1940) 16 Cal.2d 142, 149, 105 P.2d 94, 97; Bell v. Bank of Perris (1942) 52 Cal.App.2d 66, 125 P.2d 829, 833):

If an item is attached to real property in such a manner as to indicate that it is to be permanently affixed, it is likely to be considered a part of the real property. An item that can be readily removed may still be a fixture if the clear intention of its purpose is nevertheless to be part of the real property. [San Diego Trust & Sav. Bank v. San Diego County, supra, 16 Cal.2d at 152, 105 P.2d at 99--vault doors a fixture]

An item is a fixture if it is essential to the ordinary and convenient use of the real property to which it is attached. [M.P. Moller, Inc. v. Wilson (1936) 8 Cal.2d 31, 38, 63 P.2d 818, 821--residential pipe organ (musical instrument) not a fixture]

An item of personal property is a fixture if the person attaching it intended it to be so. [San Diego Trust & Sav. Bank v. San Diego County, supra, 16 Cal.2d at 149, 105 P.2d at 97-98]

Buyers and sellers often justifiably disagree as to whether items such as partitions, specialized lighting systems, electrical power panels, shelving, and children's swing sets are considered part of the real property (and so transferred as part and parcel of the purchased realty). To avoid fixture disputes, carefully analyze what items might be removed by the seller without damaging the realty. And, in all events, make sure buyer and seller come to terms on the issue before the purchase agreement is executed.

A "fixture" is essentially anything that becomes so attached to real property as to become a permanent part of it. [Ca Civil § 660; Ca Coml § 9102(a)(41)]

IAAL

I Am Always Liable- If I wanted to read up on California Civil Code 660 would my local courthouse reference facility be the place to start?

[I AM ALWAYS LIABLE]

Originally posted by CCPENNOCK
I Am Always Liable- If I wanted to read up on California Civil Code 660 would my local courthouse reference facility be the place to start?

Cal. Civil Code section 660.
A thing is deemed to be affixed to land when it is attached to
it by roots, as in the case of trees, vines, or shrubs; or imbedded
in it, as in the case of walls; or permanently resting upon it, as in
the case of buildings; or permanently attached to what is thus
permanent, as by means of cement, plaster, nails, bolts, or screws;
except that for the purposes of sale, emblements, industrial growing
crops and things attached to or forming part of the land, which are
agreed to be severed before sale or under the contract of sale, shall
be treated as goods and be governed by the provisions of the title
of this code regulating the sales of goods.