As stated above, realty includes not only land and buildings but also anything permanently fixed to the land or building. Such are known as fixtures. It is sometimes a very difficult matter to decide whether an article, which of its nature is personalty, has been so affixed to the land or building as to change its nature from personalty to realty. If so affixed as to become a fixture it is governed by the rules applying to realty and becomes for all practical purposes land just as much as if it were soil. The importance of the question is that if a fixture, the article, unless specifically excepted, passes with a sale or conveyance of the land regardless of the intention of the parties to the transaction.

The following criteria usually determine the effect of the annexation.

I. The reasonably presumable intent of the person placing the article as indicating whether the article should become a fixture.

II. Method of annexation. - It is a general rule that if the article be specially adapted for use where placed, and to remove it would leave the building or land incomplete, it is a fixture.

III. Relation of the parties. - The most important of these is that of landlord and tenant. Trade fixtures installed by the tenant even if they come squarely within I. and II. above, do not become part of the realty, e. g., shelving, counters, showcases.