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Ownership of Fixtures

Fixtures are items of personal property that are so attached to the land that they are considered a part of it.  (See Civ. Code § 660; People v. Church (1943) 136 P.2d 139, 144.) Specifically, “whether an article is a fixture is ordinarily a question of fact to be determined upon the evidence in the particular case, and the question is determined not only by the manner in which the article is annexed to the realty but also by the relationship between the parties.” (Clifford v. Epsten (1951) 106 CalApp.2d 221, 225 citing Taylor v. Heydenreich (1949) 92 Cal.App.2d 684, 688.) Typically, unless a lease provides otherwise, the fixtures on the rental property belong to the landlord, even if they are installed by the tenant.  (Peiser v. Mettler (1958) 50 Cal.2d.594, 606;

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Posted in Fixtures, Ownership, Trade Fixtures

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