The first rule of thumb is to consider if the item is nailed down, bolted, mounted, or planted. This covers a wide range of items both inside and outside the home. This might seem simple enough, but the debate about what constitutes a “fixture” has caused many post-sales lawsuits. Fixtures will stay with the home unless specifically excluded. This includes light fixtures, shelves, cabinets, built-in shelves, and more.

Consider the mount for the big-screen TV. It might seem logical to assume the mount would go with the TV when the sellers leave, but technically it’s likely considered a fixture as it’s bolted to the wall. What about a window-mounted air conditioner? If it’s sitting in the window, it’s typically personal property, if there is a hole in the wall to accommodate it, then it’s a likely fixture.

Outdoor items are subject to the same rules. Anything planted in the yard goes with the home, as does furniture or other items bolted to the ground. In that scenario, an arbor or patio cover bolted to a concrete slab would stay. Contrary to everything just outlined, however, curtains typically go with the home.

Clearly, it can be confusing.

If you are ready to buy or sell a home, make sure and discuss with your agent what you want to add or exclude from the sale. This is the best way to avoid disappointment at best or a courtroom at worst.

NIMBY VS YIMPY

A “NIMBY” is an acronym for“not in my backyard” relating to residents who oppose more neighborhood development.  Meanwhile, a “YIMBY” is an acronym for “yes, in my backyard”, which speaks of pro-housing movements.

Millennial buyers complain that they can’t afford to live where they work and play. With the tight housing market and rising home prices, they want solutions.

Some innovative community councils are using this crisis as an opportunity to revitalize urban areas filled with empty buildings or abandoned warehouse districts. Incorporating expanded public transportation and creating mixed-use zones which offer all the lifestyle needs in proximity aids in the “neighborhood building” goal, providing greater freedom to live where they work.

Other strategies include expanded zoning for smaller footprint housing, ADU (Additional Dwelling Units) to properties, and providing locations for tiny houses and other non-traditional housing.

There is a great need for more and more affordable housing. Communities are grappling with ways to add units without straining resources. The YIMBY movement is here to stay as more potential homebuyers are locked out of the current housing market due to either unaffordability or unavailability.