If a chattel was attached to a realty by a screw, bolt, or nail, it becomes a part of real property, a fixture, and is no longer personal property. Whether or not a particular article is a fixture is primarily a question of the intention of the annexor at the time of annexation. Trade fixtures are chattels annexed to the land by the tenant for pecuniary gain during his or her tenancy. Consequences of classification . It is important to determine whether an article is real property by classification Real property is governed by the law of situs of the real property without regard to where the real property owner resides.
Trespassers lose title to improvements if the articles are considered fixtures.
Fixtures are real and not personal property. A mortgage on real property will cover all fixtures. A will may provide for the distribution of real property to one beneficiary and personal property to another.