Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-12-16

of articles prepared by the National
Association of Real Estate Boards
to be published weekly in this
newspaper for the information of
its readers on real estate matters.
A key reposing in a coat pocket a
hundred miles away from a house is
as much a part of the house as the
roof on IL and should be handed over
TO the new owner in the event Of
sale, says the National Association of
Real Estate boards in the second Of
several articles on the legal rights
of property owners.
Keys are permanent fixtures and
are considered part Of a property as
being parts of fixed locks but window
shades or bathtubs on legs generally
are personal property and can be re-
moved from a structure that has been
sold, says the association.
In buying property you can keep
anything in or on il IL you can prove
II is necessary TO make the property
complete, although the law does not
state how you can get along without
the old-fashioned bathtub that it per-
mits TO be removed.
All sales of real property carry
over 70 the buyer the permanent fix
lures IN improvements on the land
sold. Unless specifically expressed in
the deed of sale. fixtures pass from
the seller to the buyer without
further action. And in determining
whether or not an article rs a fixture
in a dispute over its character be-
tween buyer and seller. the law in
clines to favor the purchaser.
What Are Fixtures?
As between buyer and seller, ar
ticles attached to real estate are
more readily regarded as fixtures by
the law than when they are in con-
troversy between landlord and tenant.
Under the law, a fixture is a piece
of personal property so affixed TO
the land as to have become an in
tegral part Of the real estate. In
general anything that can be re-
moved without substantially injuring
the property. and especially IL IL Il
removable without disfiguring the
property, is not a fixture. Although
generally speaking an actual annex
alton to the real estate Is essential
to convert an article into a fixture.
and this rule is held to be the most
certain and practical test in deter
mining what is or Is not a fixture.
still this rule is neither an absolute
or ~unfailing test nor one that is en-
tirely satisfactory. so the property
owner perplexed by such a problem
must analyze further. The simple
criterion of physical annexation Of
an article to the real estate Is made
quate TO determine whether or not il
has become a fixture. because an
nexation as a term can be interpreted
in so many different ways. For
example, a building erected on land
by virtue of a contract between the
builder and land owner may continue
TO remain the formers personal
property.
Must Specify Property
If = tenant erect . building with
the intention that IL remain personal
property. which intention is made
known TO the landlord, he may re-
move IL at the end Of the term un-
less IL is SO annexed that il cannot
be removed. Generally = building
erected on the land Of another with
his consent remains the personal
property of the person erecting il and
may be removed by him.
Articles not actually and perma-
nently fastened or annexed" to the
property may nevertheless be fix
lures beyond all disputes. Is IN the
case of doors. window-ssshes. and
blinds Of houses merely hung loose
upon. and easily lifted. from their
hinges. or Of storm doors and double
windows fitted to a dwelling house.
kept in place by screws when in use.
and taken down and stored when not
needed.
Keys fitted 10 and used 20 lock and
unlock the doors of houses and out
houses are PROFESSIONALLY permanent
fixtures and part Of the real estate
although carried all of the time in
the occupants pocket. and should be
turned over TO = purchaser in the
| event Of sale. But q carpet, not