Property — Fixtures

The Bakery's Cooler

A commercial tenant, Sky, bolted custom display shelving and a large walk-in cooler into the leased space to run a bakery. The lease is silent on fixtures. At the end of the term, the landlord, Pat, claims both items must stay; Sky wants to remove them.

Law. An item annexed to real property becomes a fixture (and stays with the land) based on (1) the mode of annexation, (2) adaptation to the property's use, and (3) the annexor's intent. Trade fixtures installed by a commercial tenant for business are generally removable if removal does not cause material damage.

In two or three short paragraphs, advise whether Sky may remove the shelving and the cooler, applying the fixture factors and the trade-fixture rule to each.

multi-paragraph · ≤ 250 words

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