2021 Georgia Code
Title 44 - Property
Chapter 1 - General Provisions
§ 44-1-6. What Things Considered Fixtures; Movable Machinery as Personalty; Effect of Detachment From Realty

Universal Citation: GA Code § 44-1-6 (2021)
  1. Anything which is intended to remain permanently in its place even if it is not actually attached to the land is a fixture which constitutes a part of the realty and passes with it.
  2. Machinery which is not actually attached to the realty but is movable at pleasure is not a part of the realty.
  3. Anything detached from the realty becomes personalty instantly upon being detached.

(Orig. Code 1863, §§ 2198, 2199; Code 1868, §§ 2193, 2194; Code 1873, §§ 2219, 2220; Code 1882, §§ 2219, 2220; Civil Code 1895, §§ 3049, 3050; Civil Code 1910, §§ 3621, 3622; Code 1933, § 85-105.)

Law reviews.

- For article discussing lawful removal of fixtures by tenant, see 4 Ga. B.J. 16 (1942). For article on the law governing removal of trade fixtures from property in Georgia, see 19 Ga. B.J. 35 (1956). For article, "Things Attached to Realty," see 15 Mercer L. Rev. 343 (1964). For article discussing U.C.C. provisions establishing a security interest in fixtures as a means of protecting sellers, see 16 Mercer L. Rev. 404 (1965).

JUDICIAL DECISIONS

ANALYSIS

  • General Consideration
  • Trade and Domestic Fixtures
  • Intention of Parties
  • Machinery
OPINIONS OF THE ATTORNEY GENERAL

For listing of numerous items to be considered as fixtures and as part of realty, see 1969 Op. Att'y Gen. No. 69-90.

Advertisement sign per se is personal property, but when placed with the intention that the sign remain permanently in that place, the sign may be considered as part of the realty. 1970 Op. Att'y Gen. No. 70-163.

Mobile homes.

- Mobile home can be considered as part of the realty if it is placed on the property with the intent that the mobile home remain permanently in place and that the mobile home pass as part of the realty when conveyed; in order to determine what the intent was with respect to the mobile home, all of the surrounding facts and circumstances should be considered in each case as outward manifestations of what was in fact intended. 1969 Op. Att'y Gen. No. 69-316.

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Fixtures, §§ 1 et seq., 26, 34, 35, 69 et seq., 115, 124, 137, 139. 63A Am. Jur. 2d, Property, §§ 12, 15, 19 et seq.

C.J.S.

- 36A C.J.S., Fixtures, §§ 1 et seq., 16, 36, 51, 52. 73 C.J.S., Property, § 20.

ALR.

- Rights of seller of fixtures retaining title thereto, or a lien thereon, as against purchasers or encumbrancers of the realty, 13 A.L.R. 448; 73 A.L.R. 748; 88 A.L.R. 1318; 111 A.L.R. 362; 141 A.L.R. 1283.

Pavement, flooring, platform, walks, and the like as fixtures, 13 A.L.R. 1454.

Storage tank or other apparatus of gasoline station as fixtures, 17 A.L.R. 1221; 36 A.L.R. 447; 52 A.L.R. 798; 99 A.L.R. 69.

Garage as fixture, 36 A.L.R. 1519.

Flagpole or other ornament in garden, yard, or park as fixture, 50 A.L.R. 640.

Agreement with owner that annexation to land shall not become fixture as affecting rights of subsequent purchaser or mortgagee of land, 58 A.L.R. 1352.

Electric fan as fixture, 62 A.L.R. 251.

Pipe organ as fixture, 62 A.L.R. 368.

Refrigerator or refrigerating plant as fixture, 64 A.L.R. 1222; 169 A.L.R. 478.

Cotton gin as fixture, 70 A.L.R. 1128.

Intention as criterion of fixtures, 77 A.L.R. 1400.

Chattel annexed to realty as subject to prior mortgage, 88 A.L.R. 1114; 99 A.L.R. 144.

Buildings erected by a tenant as "trade fixtures,", 107 A.L.R. 1153.

Constructive annexation, for purpose of law, of fixtures where articles or parts not in themselves physically annexed are used in connection or association with articles or parts that are so annexed, 109 A.L.R. 1424.

Fixtures as within contemplation of bulk sales or bulk mortgage act, 118 A.L.R. 847.

Bowling alleys as fixtures, 123 A.L.R. 690.

Nursery stock attached to the soil as real or personal property, and resulting rights, 125 A.L.R. 1406.

Heating plant as a fixture, or as a part of or attached to realty, 126 A.L.R. 599.

Vaults, vault doors, safes, or other repositories for valuables, or alarm system in connection therewith, as fixtures, 133 A.L.R. 427.

Doctrine of constructive annexation as applied to plumbing material and heating apparatus delivered to premises but not installed, 10 A.L.R.2d 207.

Sprinkler system as fixture, 19 A.L.R.2d 1300.

Amusement apparatus or device as fixture, 41 A.L.R.2d 664.

Appliances, accessories, pipes or other articles connected with plumbing as fixtures, 52 A.L.R.2d 222.

Carpets, linoleum, or the like as fixtures, 55 A.L.R.2d 1044.

Electric range as fixture, 57 A.L.R.2d 1103.

Estoppel to assert that article annexed to realty is or is not a fixture, 60 A.L.R.2d 1209.

Electronic computing equipment as fixture, 6 A.L.R.3d 497.

What are "fixtures" within provision of property insurance policy expressly extending coverage to fixtures, 17 A.L.R.3d 1381.

Fence as factor in fixing location of boundary line - modern cases, 7 A.L.R.4th 53.

Air-conditioning appliance, equipment, or apparatus as fixture, 69 A.L.R.4th 359.

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