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HomeCommercial CodeDiv. 10Ch. 3§ 10309 Fixture Filing Requirements

§ 10309 Fixture Filing Requirements

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 10309 Fixture Filing Requirements

This law explains who gets to keep or take back items that are attached to a property, like a furnace or a built-in oven, if there's a fight over who owns them.

Key Takeaways

  • •If you lease something that gets attached to a property (like a furnace), you might still own it even if the property is sold or taken by the bank.
  • •You have to file special papers (called a 'fixture filing') to protect your right to take it back.
  • •Some things, like building materials, can't be leased this way once they're part of the property.
  • •If the person leasing the item stops paying, the owner might be able to take it back, but they have to pay for any damage they cause.

Example

A company leases a new furnace to a homeowner, but the homeowner doesn't pay their mortgage, and the bank wants to take the house.

The company that leased the furnace might still get to take it back if they filed the right papers before the furnace was installed and the homeowner had a record of owning the house.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 10309 Fixture Filing Requirements

(a) In this section: (1) Goods are “fixtures” when they become so related to particular real estate that an interest in them arises under real estate law; (2) A “fixture filing” is the filing, in the office where a record of a mortgage on the real estate would be recorded, of a financing statement covering goods that are or are to become fixtures and conforming to the requirements of subdivisions (a) and (b) of Section 9502; (3) A lease is a “purchase money lease” unless the lessee has possession or use of the goods or the right to possession or use of the goods before the lease agreement is enforceable; (4) A mortgage is a “construction mortgage” to the extent it secures an obligation incurred for the construction of an improvement on land including the acquisition cost of the land, if the recorded writing so indicates; and (5) “Encumbrance” includes real estate mortgages and other liens on real estate and all other rights in real estate that are not ownership interests. (b) Under this division a lease may be of goods that are fixtures or may continue in goods that become fixtures, but no lease exists under this division of ordinary building materials incorporated into an improvement on land. (c) This division does not prevent creation of a lease of fixtures pursuant to real estate law. (d) The interest of a lessor of fixtures has priority over a conflicting interest of an encumbrancer or owner of the real estate if: (1) The lease is a purchase money lease, the conflicting interest of the encumbrancer or owner arises before the goods become fixtures, a fixture filing covering the fixtures is filed before the goods become fixtures or within 20 days thereafter, and the lessee has an interest of record in the real estate or is in possession of the real estate; (2) A fixture filing covering the fixtures is filed before the interest of the encumbrancer or owner is of record, the lessor’s interest has priority over any conflicting interest of a predecessor in title of the encumbrancer or owner, and the lessee has an interest of record in the real estate or is in possession of the real estate; (3) The fixtures are readily removable factory or office machines, readily removable equipment that is not primarily used or leased for use in the operation of the real estate, or readily removable replacements of domestic appliances that are goods subject to a consumer lease; (4) The conflicting interest is a lien on the real estate obtained by legal or equitable proceedings after the lease contract is enforceable; (5) The encumbrancer or owner has consented in writing to the lease or has disclaimed an interest in the goods as fixtures; or (6) The lessee has a right to remove the goods as against the encumbrancer or owner. If the lessee’s right to remove terminates, the priority of the interest of the lessor continues for a reasonable time. (e) Notwithstanding paragraph (1) of subdivision (d) but otherwise subject to subdivision (d), the interest of a lessor of fixtures, including the lessor’s residual interest, is subordinate to the conflicting interest of an encumbrancer of the real estate under a construction mortgage recorded before the goods become fixtures if the goods become fixtures before the completion of the construction. To the extent given to refinance a construction mortgage, the conflicting interest of an encumbrancer of the real estate under a mortgage has this priority to the same extent as the encumbrancer of the real estate under the construction mortgage. (f) In cases not within the preceding subdivisions, priority between the interest of a lessor of fixtures, including the lessor’s residual interest, and the conflicting interest of an encumbrancer or owner of the real estate who is not the lessee is determined by the priority rules governing conflicting interests in real estate. (g) If the interest of a lessor of fixtures, including the lessor’s residual interest, has priority over all conflicting interests of all owners and encumbrancers of the real estate, the lessor or the lessee may (1) on default, expiration, termination, or cancellation of the lease agreement but subject to the lease agreement and this division, or (2) if necessary to enforce other rights and remedies of the lessor or lessee under this division, remove the goods from the real estate, free and clear of all conflicting interests of all owners and encumbrancers of the real estate, but the lessor or lessee must reimburse any encumbrancer or owner of the real estate who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury, but not for any diminution in value of the real estate caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation. (Amended by Stats. 1999, Ch. 991, Sec. 39. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)

Last verified: January 10, 2026

Key Terms

fixturesfixture filing

Related Statutes

  • § 10304 Subsequent Leasehold Interest Transfer
  • § 7304 Bill Of Lading Parts
  • § 9334 Fixtures Security Interest Priority
  • § 10301 Lease Contract Enforcement
  • § 10302 Lease Title And Possession

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 10309.
View Official Source