I have a question.

ProJuMp2001 · #**1 I have a question.** 10-18-2007, 11:06 PM

is a deck that is half attached to a house and half attached to the land
a: fixture or b: improvement "

In the law of real property,

fixtures: are anything that would otherwise be a chattel that have, by reason of incorporation or annexation, become permanently attached to the real property.

improvement: Any structure, addition or other product of labor which is attached, lying upon or within the land that may not be removed without physical stress.

So i get that a house is a improvement and a sink is a fixture but if its half attached to the house and half on the land is it both? or does one take priority over the other?

darrenwoodard · #**2 Re: I have a question.** 10-18-2007, 11:10 PM

I would call a deck an improvement.

bigtim51 · #**3 Re: I have a question.** 10-19-2007, 08:22 AM

A Deck is an Imporvement but also a fixture because it is attached

Steve Didier · #**4 Re: I have a question.** 10-19-2007, 08:45 AM

Improvement - an added garage or carport would be attached to both the house and land and they are both improvements. The basic difference is that it is in the land. That takes precedence.