What is the law of fixtures?

The law of fixtures is the body of legal doctrine that determines whether an item attached to land or a building is classified as real property (which transfers with the land on sale) or personal property (a chattel, which the owner may take away). The foundational principle is expressed in the Latin maxim "quicquid plantatur solo, solo cedit," meaning whatever is attached to the land becomes part of the land. Courts apply tests that trace back to the English case of Hilton v. Peirce (1837) and Healey v. Horizon Housing Trust: first, the degree of annexation, examining how physically attached the item is and whether it can be removed without damage, using tools, or with significant effort; second, the purpose of annexation, asking whether the item was attached for the permanent improvement of the property or merely for the temporary use of the occupier; and third, the intention of the annexer, inferred objectively from these circumstances. Items passing the tests, such as toilets, fitted kitchens, radiators, and hardwired lighting, are fixtures that pass to buyers automatically. The law also recognizes special categories: trade fixtures or tenant's fixtures, installed by commercial tenants for business purposes, may generally be removed by the tenant before lease expiry if they repair any damage; agricultural fixtures are treated similarly in many jurisdictions; and ornamental fixtures are usually permanent. Disputes commonly arise over fitted carpets, wall-mounted televisions, garden sheds, greenhouses, and integrated appliances, so prudent buyers and sellers record agreements in a fixtures and fittings schedule in the contract, which overrides the default common law rules.