Full question:
Is the glass insert of a kitchen cabinet , secured by screws, considered personal property?
- Category: Personal Property
- Date:
- State: Minnesota
Answer:
A piece of glass, like a glass insert, is generally considered personal property rather than real property. However, it may be classified as a fixture depending on its attachment to the cabinet.
The relationship between a landlord and tenant is defined by their lease agreement, which outlines rights and obligations regarding alterations and fixtures. Review the lease to understand how it defines improvements and trade fixtures.
If the glass insert is essential for the cabinet's functionality, its status may depend on specific circumstances, such as whether it was removed for repairs and who is responsible for those repairs.
Typically, improvements made by a tenant that are permanently attached to the property become part of the real estate. A trade fixture, which is unique to a business, can be removed by the tenant before the lease ends, provided it does not damage the property. However, the tenant must repair any damage caused by the removal.
In the U.S., a sale of land usually includes permanent fixtures unless specifically excluded. Trade fixtures are an exception to this rule. Factors that help determine whether an item is a fixture include how permanently it is attached, its suitability for the property’s 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.