Sterling, VA asked in Real Estate Law, Civil Litigation and Small Claims for Virginia

Q: Question on real estate fixtures and Law of Fixtures and how to interpret outdoor grill connected to natural gas pipe:

There is an outdoor grill that looks like a large portable grill on wheels and it has wheels, but the grill is connected to a natural gas pipe that was extended from the back of the house. The grill uses natural gas from the pipe as fuel for normal operation. The grill has been in the same spot for many years and its location can be slightly adjusted because part of the gas pipe is flexible.

Is the following statement below true or false or is there any room for interpretation?

"The grill is portable and is not considered a permanent fixture. Law of Fixtures was used to assist in the determination of whether or not the grill was permanently affixed to the home."

1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
  • Alexandria, VA
  • Licensed in Virginia

A: In Virginia, a fixture is attached (i.e., bolted) to the ground and becomes an intricate part of the land. A grill which is movable is personal property, notwithstanding that it is attached to a gas line, and is thus not a fixture.

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