Fixture - Requirements

The article must be physically annexed to the realty or something appurtenant thereto in order for it to become a fixture. Annexation to land occurs when the object is permanently affixed to the property through the application of plaster, cement, bolts, screws, nuts, or nails.

The attached article must also be adapted to the intended use or purpose of the realty so that it effectively becomes inseparable from the land itself.

The intention of the person who attaches the article determines whether or not the article is a fixture. The individual is not required to verbalize the intent, although the courts will evaluate such expressions. The courts consider the tenant's intent, which is inferred from all of the facts and circumstances concerning the actual annexation of the object, such as the nature of the article affixed, the method of annexation, and the extent to which the object has been integrated into the real estate.