Legal Question in Real Estate Law in California

Re: What is a fixture?

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NOW, IN RESPONSE TO YOUR INQUIRY --

Fixtures are items which were once personal property but which have become so annexed to or physically attached to realty that they are considered to be part of the real property.

-- Gilbert's Dictionary of Legal Terms

I doubt whether nails or screws make any difference.

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Re: What is a fixture?

The basic law of fixtures is covered by Civil Code sections 1013, 1013.5 and 1019. The law tends to favor making things affixed to realty a part thereof, as you will see if you read these sections on line or at a library.

Whether an item is a fixture or not depends upon the interplay of about four factors, none of which should be looked at in a vacuum without considering the other three. They are:

(1) The intent of the parties at the time of the lease, or at the time the property was installed, whether or not the intent is reflected in a writing (i.e. it can be inferred from the facts and circumstances);

(2) The nature of the thing installed -- is it generic or highly personal? The former is more likely to become a fixture.

(3) The method of attachment. This is where your nails and screws come into play. Something like paint that is 'attached' to the property by chemical bonding is much more likely to become a fixture than, say, draperies which are attached only by hooks.

(4) The amount of damage, if any, caused by removal.

Generally, property that is not a fixture must be removed prior to the end of the tenancy. If it remains there even one minute after the lease terminates (by running of the lease term), it is much more likely to be treated as a fixture.

The rules for so-called 'trade fixtures' in a commercial rental are somewhat different, usually a bit more liberal in allowing the renter to remove them and take them to a new location.