In leasehold law, a fixture is best described as which of the following?

• A. It remains the tenant's personal property regardless of attachment
• B. Movable property that becomes part of the realty and belongs to the owner of the realty when attached with intent to permanently improve
• C. Always the tenant's property after installation
• D. Never capable of being considered part of the real property

Answer: (B)

A fixture is movable property that becomes part of the real property when it is attached with the intent to permanently improve the property. Once something is affixed in a way that signals a permanent integration with the building or land, it is treated as real property and belongs to the owner of the realty—in a lease, the landlord. In practice, this means items installed by a tenant for a building’s use generally become the landlord’s property, unless they are removable trade fixtures or the lease provides otherwise. The key test is attachment plus the intent to permanent improvement.