One of the most common questions we hear is: “Can you explain to me what is meant by a ‘fixture’”? The follow-up questions focus on variations of: “Can I take it with me” and “Who owns it”? The implicated issues deal with repairs, damage, and insurance. We’ve gone down this path before (see HERE for an example), and thought it would be timely to travel a little farther than we did with our earlier efforts. Fortunately, today, Ruminations will be able to use the recent Missouri Court of Appeals decision in Herron v. Barnard, 390 S.W.3d 901 (2013) (see it HERE) as a road map. Here’s what that case was about

A tenant with a two year (office) lease had the right to make extensive changes to the leased space. By way of example, the tenant, an architectural firm, was allowed to remove partitions, relocate plumbing and other utility lines, and even relocate the entry door. More important for the purpose of today’s blog posting, the lease allowed it to do the following. Install a sink; install cabinetry with a waste receptacle and storage bin; add appliances; and, install kitchenette shelving. That wasn’t all. The tenant also arranged for a custom-made glass door and matching transom, lots of light fixtures and bulbs, a “picture-hanging” mechanism, filing cabinets, and a security system. [Read more…]