Texas Real Estate Sales Agent ExamProperty OwnershipEasy
A Texas homeowner installs a new, custom-built swimming pool in their backyard. The pool is permanently installed and integrated into the landscape. This swimming pool is considered:
- AA chattel, separate from the real estate.
- BA trade fixture, removable by the homeowner upon sale.
- CPersonal property, as it is recreational.
- DA fixture, becoming part of the real property.
Show answer & explanationAnswer & explanation
Correct answer: D. A fixture, becoming part of the real property.
A fixture is an item that was once personal property but has become real property by attachment to the land or a building in such a way that it is regarded as a permanent part of the property. A permanently installed swimming pool fits this definition.
Why the other options are wrong
- A. Chattel is another term for personal property.
- B. Trade fixtures are items installed by a tenant for business purposes, not by a homeowner for personal use.
- C. Personal property is movable. A permanently installed pool is not.
Fixture
An item of personal property that has been permanently attached to real property and is now considered part of the real property.
- Attachment: How it's installed (screwed, cemented, etc.).
- Adaptation: How it's customized for the property.
- Intention: The intent of the installer to make it permanent.
Memory trick: Real Property is Rooted, Personal Property is Portable.