What is the doctrine of fixtures?
The doctrine of fixtures is a legal principle used in property law in the state of Washington. It is used to determine whether a piece of property is considered real property (real estate) or personal property. The general rule is that any item that is attached to a piece of real property and intended to remain in place permanently becomes a part of the real property. Such items are known as "fixtures." In order to be classified as a fixture, an item must be: attached to the property in a permanent manner, adapted to the use of the property, intended to remain in its place, and sold with the property — like a stove in a kitchen, or a stairway banister in a house. Items that are considered fixtures can include carpets, window coverings, bookcases, and light fixtures. In order to determine whether an item is a personal property or a fixture, the court will take into account factors such as how the item was installed, how it was paid for, and whether it was sold with the property. If it is determined that an item is a fixture, the owner of the real property has the right to keep it and cannot be taken by a creditor or another person who has a claim against the property. The doctrine of fixtures is a well-established legal principle used in property law in the state of Washington. It is important for owners of real property to understand this principle in order to protect their rights to keep any items that are attached to their real property.
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