Legal Question in Real Estate Law in New York
In New York state what constitutes a fixture? I bought a building with a built in walk in cooler, a pizza oven which is attached to vent pipes, an ansul system which is attached to the wall via chains and several other things attached. Are these seperate restaurant equipment personal property or fixtures? There is nothing in the real estate contract that sets out that this things do not get conveyed with the property but the lady who sold the property is threatening to come and remove them along with truly personal restaurant equipment such as blenders and mixers which are still in the building.
1 Answer from Attorneys
You have landed on one of the most daunting gaps in New York law. The short answer is that personal (movable) property that is affixed with intent that the property not be removed is a fixture. Since we often do not declare our intention when making accessions to realty, we ask whether the removal of the articles in question will do more damage to the building than the salvage value of the articles. This takes into account the damage done to the articles in the removal.
Some items, such as the boiler in an apartment house, are deemed fixtures because the building would be illegal without them. Same logic applies to fire alarms, carbon monoxide detectors.
You say you bought the building. If there has been a closing, and you have possession, then yo can have her arrested for trespass if she enters without permission.
You might very well need to engage counsel to deal with this mess.
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