Legal Question in Real Estate Law in California
Real Property or not?
I have just purchased a new home. There are custom closets. The owner said he paid $2200 for them, and wanted to know if we wanted to buy them. I thought the closets were considered real property! Can he remove them? If so, what if he leaves big gaping holes or damage???
2 Answers from Attorneys
Re: Real Property or not?
If the closets are attached to the wall, they are fixtures and become part of the real property.
Re: Real Property or not?
Although cabinets installed by a tenant in a leased business premises are likely to be deemed "trade fixtures" and thus removable by the tenant at the end of the lease, I think a court would find that custom closets installed in a residence are true fixtures and become part of the realty once installed by attachment with nails, screws and/or glue or after conventional closets have been gutted to receive them.
See Civil Code section 660 for the definition of fixtures.
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