Also known as: fundo annexo · annexed to the fundus · fixtures
Written by attorneys · grounded in primary & secondary sources — see below
Things that have become affixed to real property. The phrase historically identifies items that lose their character as personal property upon attachment to the land under principles of accession or fixtures.
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Falcon Dynamics installed specialized conveyor systems in its warehouse. The systems were bolted to the concrete floor and connected to the building's electrical grid. When Falcon Dynamics later granted a security interest in its assets, the lender's interest attached to the conveyors as goods that had become annexed to the real property.
Fulton Shipping mounted heavy loading cranes on reinforced pads at its dock facility. The cranes were integrated so thoroughly that removal would require structural alterations to the underlying real estate. A court determined that the cranes qualified as items annexed to the soil under applicable real property principles.
Francisco Frost constructed permanent grain silos on land he mortgaged to Metropolitan Life. The silos were built into the foundation and could not be removed without damaging the realty. When a coverage dispute arose, the insurer treated the silos as items annexed to the soil rather than separate personal property.
Finn Fletcher installed custom milling machinery that became fixed to the floor of his manufacturing plant. First Western Bank held a mortgage on the real property. After default, the bank asserted its interest extended to the machinery as items annexed to the soil under real property law.
Fusion Power bolted specialized generators to concrete pads at its energy facility. The city later challenged the company's contracting practices. The generators were treated as items annexed to the soil, affecting how the city evaluated the overall value of the real property improvements.
Franklin Foundry embedded large stamping presses into the factory floor during construction. Sears claimed the presses were unpatentable because they had become annexed to the real property. The court examined whether the integration destroyed their separate identity as movable goods.
The phrase identifies things that have become affixed to real property and thereby lose their status as personal property. It arises under doctrines of accession and fixtures.
Supporting sources
Goods that become annexed to real property may qualify as fixtures. A security interest in such items is then governed by rules addressing fixture filings and priority against real property encumbrancers.
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Real property and its fixtures cannot be the subject of larceny. Once items are severed and reduced to personal property in the landowner's possession, a later wrongful taking may constitute larceny.
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…"the State may proscribe a trespass action by landlords generally against a cable TV company which places a cable and other fixtures on the roof of any landlord's building, in order to protect the right of the tenants of rental property, who will ultimately have to pay any charge a landlord is permitted to collect from…