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Unformatted text preview: urt will consider
the ease of removal and whether or not
substantial damage will be done if it is removed. Obviously a house would be a fixture. Similarly, a ducted air-conditioning unit installed in the
house after its completion would also be a fixture because it is attached to the house in a manner that
makes it part of the house. By contrast, an air-conditioning unit that could be installed in a window
of the house and moved from room to room as needed would not be a fixture because it is not part of
the house. While these examples may be obvious, there will often be situations where the distinction
is less clear. 855 Fixture or chattel? Subject to the terms of the lease, tenant’s fixtures can become the property of the lessor.
Subject to the terms of the lease, any fixtures affixed by the tenant, subject to three exceptions, become
the property of the lessor. These exceptions are:
• trade fixtures;
• ornamental fixtures; and
• domestic fixtures.
These fixtures can be removed only during the term of a fixed lease or with...
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This document was uploaded on 04/23/2012.
- Three '12