When it comes to buying or selling a home, fixtures and personal property can become a surprising point of contention. One common item that raises eyebrows is solar garden lights. They’re functional, stylish, and can significantly enhance curb appeal — but are they considered a real estate fixture that must stay with the home, or are they personal property the seller can take?
In this article, we’ll explore what qualifies as a fixture, how solar garden lights fit into that definition, and what both buyers and sellers should know to avoid confusion or disputes during the home sale process.
What Is a Real Estate Fixture?
To determine whether solar garden lights are fixtures, it’s important to first understand what a fixture is.
Definition of a Fixture
A fixture is typically defined as:
An item that was once personal property but has been permanently attached to the real estate in such a way that it becomes part of the property.
Fixtures usually include things like:
- Built-in lighting
- Cabinets
- Ceiling fans
- Wall-mounted TVs (sometimes)
If it’s attached, installed, or built-in, chances are it’s considered a fixture.
The “Legal Tests” for Determining a Fixture
Real estate professionals often use a few common-sense and legal guidelines — sometimes called the “MARIA” test — to determine if something is a fixture:
The MARIA Test:
- Method of attachment – Is it physically or permanently attached to the ground or home?
- Adaptability – Is it adapted specifically to the property?
- Relationship of the parties – Who installed it, and what was their intent?
- Intention of the party – Did the person installing it intend for it to be a permanent part of the home?
- Agreement – Was there a written agreement stating what stays or goes?
Each of these factors helps clarify if an item is a fixture or removable personal property.
Are Solar Garden Lights Fixtures or Personal Property?
It Depends on the Type of Light
Here’s where it gets tricky: not all solar garden lights are created equal. There are different kinds of installations, and the classification may depend on how the lights are set up.
1. Staked or Freestanding Solar Lights
- These are simply pushed into the ground and can be removed without tools.
- Usually considered personal property.
- The seller can typically take these unless stated otherwise.
2. Hardwired or Mounted Solar Lights
- These may be affixed to fences, walls, or posts, or connected to a solar panel.
- Likely considered fixtures.
- Because they are more permanent, they’re usually expected to stay.
💡Pro Tip: If removing the light would damage the landscaping or structure, it’s more likely a fixture.
Why It Matters in Real Estate Transactions
Buyers often assume that everything they see during a showing — especially outdoor features — is included in the sale. Meanwhile, sellers may plan to take favorite garden items or lighting with them.
Common Issues That Arise:
- Disputes at closing when items have been removed.
- Miscommunication about what’s included in the sale.
- Legal confusion that can delay or derail deals.
How to Avoid Disputes Over Solar Garden Lights
1. Clarify in the Purchase Agreement
Include specific language about solar garden lights in the contract:
- Are they included in the sale?
- Will the seller remove them before closing?
2. Use a Disclosure Form
Most states require a property disclosure where sellers must list items included in the sale. Use this to spell out what stays.
3. Communicate Early and Clearly
If you’re a seller and plan to take your solar lights:
- Remove them before listing photos.
- Or, clearly state your intentions in the listing or with your agent.
If you’re a buyer and love the lights:
- Ask early if they’re included.
Should Sellers Leave Solar Garden Lights?
While not legally required (in many cases), leaving well-installed solar lights can be a nice gesture and may even help sell the home faster. They add ambiance, improve safety, and enhance curb appeal.
If they’re not valuable or sentimental, it might be worth leaving them to sweeten the deal.
Final Thoughts: Are Solar Garden Lights Considered a Fixture?
In summary:
- Freestanding solar garden lights = usually personal property.
- Hardwired or mounted lights = likely fixtures.
- Always check the method of attachment and intent.
When in doubt, it’s best to discuss and document. Real estate contracts should make it crystal clear what stays and what goes. That way, there are no surprises — just a smooth transaction and a happy handover.
