Written by attorneys · grounded in primary & secondary sources — see below
Goods that have become so related to particular real property that an interest in them arises under real property law. The classification turns on annexation to the land or building with the intent that the item remain permanently affixed.
Sources & Authorities
How it applies
Common Examples
6
Security Interest in Movable Goods
Fidelity Trust extended credit to Forrest Falconer for new manufacturing equipment. When the financing statement was filed the equipment remained movable and unattached. The collateral therefore qualified as goods that included fixtures only after later installation.
Relation to Real Property
Flagship Logistics bolted specialized conveyor systems to the floor of its leased warehouse. Because the systems became so related to the real property that an interest arose under real estate law, they qualified as fixtures subject to both Article 9 and mortgage priority rules.
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Common Law
Restatements
Course Outlines
Study Supplements
Dictionaries
Farid Farahani installed custom lighting grids in the leased soundstage. The grids were bolted and wired into the structure yet designed for periodic removal. The landlord claimed the grids had become fixtures that could not be taken at lease end.
Lindsey v. Normet405 U.S. 56 (1972)
Cable Installation on Roof
Flora Ford owned an apartment building. The cable company attached fixtures to the roof without her consent. She argued the permanent physical occupation of her real property constituted a taking of the fixtures and the space they occupied.
Loretto v. Teleprompter Manhattan CATV Corp.458 U.S. 419, 427 (1982)
Hotel Furniture Classification
Floyd Franklin operated a hotel subject to rent control. The regulations excluded rooms that provided customary hotel services including upkeep of furniture and fixtures. The classification determined whether the furnishings remained personal property or became part of the realty.
Woods v. Cloyd W. Miller Co.333 U.S. 138, 68 S. Ct. 421, 92 L. Ed. 596 (1948)
Condemnation of Building Components
Frostline Textiles owned a factory taken by the government. The taking included all fixtures that had been attached to the real property. The owner sought compensation for both the land and the attached equipment treated as part of the real estate.
United States v. General Motors Corp.323 U.S. 373, 378 (1945)
Common questions
Frequently Asked
4
When does personal property become a fixture under the UCC?+
Goods become fixtures when they are so related to particular real property that an interest in them arises under real property law. The determination requires annexation plus intent that the item remain permanently affixed.
Supporting sources
How does the definition of goods treat fixtures?+
Goods include fixtures once a security interest attaches. The term expressly lists fixtures among the movable things that qualify as goods for Article 9 purposes.
Supporting sources
What filing is required to perfect a security interest in fixtures?+
A fixture filing is the filing of a financing statement covering goods that are or are to become fixtures. The statement must satisfy the requirements of Section 9-502(a) and (b) and be filed in the real estate records.
Supporting sources
Can ordinary building materials qualify as fixtures?+
No lease or security interest exists under Article 9 for ordinary building materials incorporated into an improvement on land. Such materials lose their separate identity and become part of the real estate itself.
Supporting sources
458 U.S. 419 (1982)Property
…"the State may proscribe a trespass action by landlords generally against a cable TV company which places a cable and other fixtures on the roof of any landlord's building, in order to protect the right of the tenants of rental property, who will ultimately have to pay any charge a landlord is permitted to collect from…