Full question:
I am moving out of leased property. I am a custom machine maufacturer and use cranes in my business and believe them to be trade fixtures. The cranes were purchased and booked as equipment, used as collateral for a loan as personal property. The landlord says the cranes are building and cannot be removed. I can move cranes as easy as presses and brakes (huge equipment). Who owns the cranes?
- Category: Landlord Tenant
- Date:
- State: Kentucky
Answer:
The landlord-tenant relationship is governed by the lease agreement. You should review your lease for terms related to alterations, improvements, and trade fixtures to understand your rights and the landlord's obligations. Generally, fixtures that are permanently attached to the property become part of it. However, trade fixtures, which are specific to a business and installed by the tenant, can typically be removed before the lease ends, provided their removal does not damage the property. Trade fixtures are distinct from other fixtures that must remain when a tenant vacates. In the U.S., a sale of land usually includes permanent fixtures unless specifically excluded. Common factors in determining whether an item is a trade fixture include how permanently it is attached, its suitability for the property's intended use, and the intent of the person who installed it.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.