釘牆上的都不能拿走?fixture不是這麽理解的

來源: 2014-12-05 12:32:29 [舊帖] [給我悄悄話] 本文已被閱讀:

A fixture, as a legal concept, means any physical property that is permanently attached (fixed) to real property (usually land), the removal of which would [permanent]ly damage the real property. Property not affixed to real property is considered chattel property. Fixtures are treated as a part of real property, particularly in the case of a security interest. A classic example of a fixture is a building, which—in the absence of language to the contrary in a contract of sale—is considered part of the land itself and not a separate piece of property. Generally speaking the test for deciding whether an article is a fixture or a chattel turns on the purpose of attachment. If the purpose was to enhance the land the article is likely a fixture. If the article was affixed to enhance the use of the chattel itself, the article is likely a chattel.[1]

en.wikipedia.org/wiki/Fixture_%28property_law%29

Fixture means "fixture to the land", not everything that "fixed to a building".  A simple way to look at it is whether the item increase the value of the land, whether appraiser includes them in his estimates.