A trade fixture is a equipment attached to a piece of real property used in a trade or business (i.e. signage, restaurant booths, display shelves). Trade fixtures support or improve upon the business activity of a site. The value of a trade fixture is assessed similarly to personal property. Although, a trade fixture does not become personal property unless it is unable to serve the purpose it was specifically in place for. Any trade fixtures attached to a piece of real property in a real estate transaction are included in the sale of the property unless specified otherwise. If a trade fixture is no longer serving it's intended purpose on subject property during the sale of that property, it is considered personal property and the seller will have rights to said fixture.
For example, if a corral fence was put in place on land owned by a horse ranch. The fence, standing upright and serving it's intended purpose, is considered a trade fixture and would be included in the transaction if that property were to be sold. If, over time the fence had fallen and the posts were no longer in the ground, then the fence would be considered personal property and the seller would have the right to remove the fallen fence during the sale of subject property.
