What is the doctrine of fixtures?

The doctrine of fixtures is a legal concept in property law that applies to Virginia. It is a doctrine that determines when an item attached to real property – such as furniture or a chandelier – can be considered part of the real estate and, consequently, part of the sale when real estate is transferred. Generally speaking, in order for something to be considered a fixture and become part of the real property, it needs to be attached in some way. This attachment can be physical – such as when walls are painted or a new appliance is installed – or it could be more intangible, such as when a piece of art is hung on the wall. In addition, the attachment needs to be intended to be permanent and not just for the duration of an occupancy. It is also necessary that the item have some value or utility to the new owner. Once an item is determined to be a fixture, it is considered to be part of the real property even if it was owned by the prior owner. It then becomes part of the conveyance of the real estate and can be transferred to the new owner along with the other elements of the real estate. If the fixture is to be sold separately, it must be agreed upon by the parties during the real estate transfer process.

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What is the doctrine of fixtures?

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