What Is Considered Real Property in Texas? What Stays & What Goes

What Is Considered Real Property in Texas? What Stays, What Goes, and What’s a “Non-Realty Item”

“Does the refrigerator stay?” “Can I take the chandelier?” “What about the TV on the wall?” These questions come up in almost every Texas home sale, and the answer usually comes down to one thing: whether the item is real property or personal property. Knowing the difference helps sellers avoid surprises at the walkthrough and helps buyers know exactly what they’re paying for. Here’s how real property works in Texas, what the standard contract says conveys with the home, what sellers commonly exclude, and what typically goes on a Non-Realty Items Addendum.

What Is Real Property?

Real property is the land plus anything permanently attached to it. That includes the house, garage, fences, built-in features, and landscaping. It can also include rights that come with the land, like mineral or water rights.

Personal property is everything that isn’t permanently attached and can be moved without damaging the home. Think furniture, rugs, decor, freestanding appliances, and electronics.

When you buy a home, real property transfers with the deed. Personal property doesn’t, unless the buyer and seller agree to include it separately.

What Is a Fixture?

A fixture is an item that started out as personal property but became part of the real property once it was attached to the home. A ceiling fan in a box is personal property. Once it’s wired into the ceiling, it’s a fixture.

When it’s unclear whether something is a fixture, Texas courts generally look at three questions:

1. How is it attached? Is it bolted, wired, plumbed, or built in? Would removing it damage the home?
2. Is it adapted to the home? Was it custom-made or fitted for that space, like built-in shelving or a custom window covering?
3. What did the owner intend? Was it meant to stay permanently?

The good news is that most Texas home sales don’t have to rely on those tests. The standard contract spells out what conveys.

What the TREC Contract Says Conveys

Most Texas home sales use the TREC One to Four Family Residential Contract (Resale). Paragraph 2 describes the “Property,” and it has five parts. (For more on TREC forms, see our post: What Is TREC?)

2A. Land

The legal description of the lot, block, subdivision, city, and county.

2B. Improvements

The contract defines improvements as the house, garage, and all other fixtures and improvements attached to the property. It specifically lists items like:

• Built-in appliances and kitchen equipment
• Ceiling fans and attic fans
• Heating and air conditioning units
• Wiring, plumbing, and lighting fixtures, including chandeliers
• Security and fire detection equipment
• Mailboxes and antennas
• TV and speaker mounts and brackets
• Water softener systems
• Garage door openers
• Shrubbery, landscaping, and outdoor cooking equipment
• Generators

2C. Accessories

These are related items that may not be permanently attached but are expected to stay with the home, such as:

• Window air conditioning units
• Stove
• Fireplace screens and artificial fireplace logs
• Curtains, rods, blinds, shades, and draperies
• Door keys and mailbox keys
• Above-ground pools and pool equipment
• Security systems that aren’t fixtures
• Controls for garage doors, entry gates, and other improvements

Smart home tip: The current contract defines “controls” to include the seller’s transferable rights to the software and apps used to run the home’s equipment, like a smart thermostat, doorbell, or garage door opener. Sellers should plan to remove their accounts and transfer access before closing.

2D. Exclusions

This is where the seller lists any improvements or accessories they plan to keep. Under the contract, excluded items must be removed before the buyer takes possession.

2E. Reservations

If the seller is keeping oil, gas, mineral, water, timber, or other rights, that’s handled through an addendum. In Texas, mineral rights are often separated from the surface, so buyers should ask about them, especially for acreage.

Common Exclusions in Texas Home Sales

Sellers often want to take items that would otherwise convey. Some of the most common exclusions are:

• A favorite chandelier or light fixture. It’s often a family heirloom or a pricey designer piece.
• Mounted TVs. The TV itself is usually personal property, but the mount and bracket typically stay unless excluded.
• Custom window treatments. Especially high-end drapes or plantation-style shutters.
• Outdoor kitchen equipment or a freestanding grill, if the seller wants to keep it.
• Smart home devices, like doorbell cameras or thermostats the seller wants to reinstall at their next home.
• Playsets, sheds, or basketball goals that are anchored to the ground.
• Generators or water softeners the seller plans to take.
• Plants with sentimental value, such as a rose bush or a specific tree.

Tips for sellers: If you plan to keep something, list it as an exclusion in the contract. Even better, remove or replace it before you list the home. Buyers fall in love with what they see in photos and showings, and an excluded item can lead to awkward negotiations.

Tips for buyers: Read Paragraph 2D carefully. If something you love isn’t listed as excluded, it should stay. If it is excluded, you can try to negotiate for it.

Remember that the seller is responsible for repairing any damage caused when removing an excluded item. That means patching holes, capping wires, and leaving the home in good condition.

Leased Items Are Different

Some equipment in a home isn’t owned by the seller at all. Common leased items include:

• Solar panels
• Propane tanks
• Security systems
• Water softeners or filtration systems

The TREC contract addresses these through a separate section on fixture leases and an Addendum Regarding Fixture Leases. Buyers should know whether they’ll be taking over a lease, what it costs, and whether they need to qualify with the leasing company.

What Is a Non-Realty Items Addendum?

A Non-Realty Items Addendum is used when the buyer and seller agree to transfer personal property along with the home. Because these items aren’t real estate, they’re listed separately from the main contract.

What Typically Goes on a Non-Realty Items Addendum

• Refrigerator (a freestanding one isn’t listed as an improvement or accessory in the TREC contract)
• Washer and dryer
• Freestanding freezers or wine coolers
• Furniture, like a sectional, bedroom set, or patio furniture
• TVs and home theater equipment
• Rugs and decor
• Lawn equipment, like a riding mower or pool cleaner
• Golf carts
• Exercise equipment
• Freestanding grills or smokers
• Items sized for the home, like a custom dining table that won’t fit through the door

Things to Know Before Using a Non-Realty Items Addendum

• The items are generally transferred “as is.” Buyers should look them over before closing.
• Talk to your lender first. Mortgage lenders finance real estate, not personal property. If a price is attached to personal property, or if the items have significant value, the lender needs to know about it. Never use personal property to inflate the purchase price.
• Appraisers value the real property. Furniture and appliances generally don’t add to the appraised value.
• Be specific. List brand, model, or a clear description so there’s no confusion at the final walkthrough.

Real Property vs. Personal Property: Quick Guide

Frequently Asked Questions

Does the refrigerator stay with the house in Texas?
Not automatically. A built-in refrigerator is usually an improvement and stays. A freestanding refrigerator is personal property and goes with the seller unless it’s included on a Non-Realty Items Addendum.

Do the washer and dryer stay with the house?
No, not unless the buyer and seller agree to include them, typically on a Non-Realty Items Addendum.

Can a seller take the light fixtures?
Only if they’re listed as exclusions in the contract. Otherwise, light fixtures are part of the real property and stay.

Does a mounted TV stay with the house?
The TV usually goes with the seller. The mount and bracket typically stay unless the seller excludes them.

What happens if a seller removes something that was supposed to stay?
The buyer should raise it right away, ideally at the final walkthrough before closing. Your agent can help you negotiate a fix, like a replacement or a credit.

Are mineral rights included when I buy a home in Texas?
Not always. Mineral rights may have been separated from the land long ago, and sellers can reserve rights through an addendum. Ask your agent and review the title commitment.

Avoid Surprises With a Team That Knows the Details

Most disagreements about what stays and what goes can be avoided with a clear contract. The Cathy Stubbs Team at Keller Williams helps sellers decide what to exclude before listing and helps buyers make sure the items they expect actually convey. We serve buyers and sellers throughout Sugar Land, Richmond, Rosenberg, and Greater Houston, whether you’re buying, selling, building new, investing, or leasing.

Ready to talk? Call us at 281-967-6149 or visit our office at 307 Ulrich St., Sugar Land, TX 77478.

This article is for general informational purposes and isn’t legal advice. Contract forms are updated periodically. For questions about your specific transaction, consult a licensed Texas real estate attorney.