Legal Question in Real Estate Law in California

I would vote for these things NOT being fixtures.

Hi,

Sorry to hear about your troubles, but personal property affixed to the real property ordinarily becomes part of the real property. Yet in many cases if the personal property can be removed without irreparable damage to the real estate it is not considered part of the real estate.

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The quick answer is NO, unless they were specifically included in the sales contract or represented in the listing as part of the home. Hold on to the info from Home Depot and any pictures of the shelves or the devices that you used to keep them from falling as it will be your evidence if this person sues you. You absolutely have to find out whether any realtor involved made this representation in writing or in an ad or the listing. If you do get sued - you can cross-complian against the realtor and possibly broker. Something has to be actually built into the home or be installed to operate part of the home - like a waterheater or garage door opener to be part of the realty. They are'nt claiming your clothes washer and dryer are they?!!!

I am not aware of any case deciding this issue. Most likely because no one has ever had the nerve to argue that earthquake proofing would make all the furnishings in a house into fixtures. There is a case that isn't really on point because it is not about earthquake straps, and has to do with what are fixtures versus personal property for tax puposes, but it provides some enlightenment. It says that a fixture is attached in a manner that is consistent with it remaining fixed in its location until the building or the fixture reaches the end of its useful life, or it is replaced with a new or improved item in the same location. Earthquake strapping on furnishings which can easily be removed to facilitate rearranging the furniture, would not fit that definition. You should also take a look at Civil Code section 660. That is the defining section for fixtures. There is a list of the ways in which an object can be affixed to floors, ceilings or walls to become a fixture. Straps are not included. I also think you make a very persuasive argument both by pointing out the question of what would NOT become fixtures in earthquake country, and that the objects were sold as "free standing."

Tell him to pound sand. Things like built in or normal attached cabinets, light fixtures, sinks, intended as a permanent installation would be fixtures.