According to the Uniform Commercial Codes, commonly abbreviated as UCC, there are differences between fixtures and moveable property, which enables people to understand better the world of property and transfer of the same. While on the other hand, the UCC defines fixtures as goods that have become so related to specific real property, resulting in interest in them under real property law. On the other hand, UCC defines moveable property, also known as personal property, as anything that can be subject to ownership, except for land.
The major differences between fixtures and moveable property include: movable property is not affixed or associated with land whereas fixtures are attached and associated with land, which means that fixtures are fixed permanently to one location, which is not the case with the moveable property. Another difference between the two is that moveable property includes both tangible and intangible items whereas fixtures are only comprised of tangible items. An example of moveable property, which falls under the category of tangible items, is office furniture and an example of a moveable property that falls under the category of intangible items is intellectual property. Examples of fixtures include buildings, land as well as crops.
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In conclusion, it is important to know the difference between fixtures and moveable property because, in the event of a transfer of such property, the proper guidelines for transactions have to be employed to avoid irregularities as well as a misunderstanding between the parties involved. Similarly, differentiating between the two eliminates any possible issues of transfer in the future in the event of property transfer of either fixtures or moveable property (Bernstein, 1977). For instance, if an individual owns a piece of land, where there are buildings and crops on the piece of land, such items are fixtures. If a person sells the buildings, the owner of the building acquires fixtures that are attached to the land, but the land remains the property of the initial owner. Therefore, whatever the buyer does with the building, which may entail employing the intangible, movable property of intellectual manipulation, belongs to that person and the owner of the land on which the building is located does not have any rights to unless there was another agreement between the buyer and seller of the building.
Reference
Bernstein, H. B. (1977). Personal property security interests under the revised UCC . New York: Practicing Law Institute.
