🔨 What Is Severance in Real Estate? Definition & Examples

Severance in real estate refers to the process of removing a fixture from a property, which changes it from real property back into personal property. Once severed, the item is typically owned by the person who removed it.

How Severance Works

When an item is permanently attached to a property, it becomes a fixture and part of the real property. If that item is later removed—physically detached from the home or land—it undergoes severance, returning it to the category of personal property.

Common examples of severance:

  • Removing a built-in appliance and replacing it with a freestanding one
  • Detaching a wall-mounted TV and leaving the bracket behind
  • Digging up plants or shrubs and placing them into pots
  • Taking down a mounted chandelier and installing a replacement light
  • Removing a fence or shed from land

Once severance occurs, the item no longer stays with the property unless stated in the contract.

Why Severance Matters in Real Estate

Severance affects:

  • What stays with the property during a sale
  • What the seller may legally remove
  • How fixtures are treated in contracts
  • Potential disputes between buyers and sellers

Examples of severance vs. fixture status:

  • Fixture: A rose bush planted in the ground
  • Severance: Digging it up and placing it in a pot
  • Fixture: Built-in microwave
  • Severance: Removing it and installing a countertop microwave

Severance changes ownership rights and must be handled carefully to avoid legal issues.

Example of Severance in Action

A seller removes a chandelier that was considered a fixture and replaces it with a basic light. Because the chandelier was detached before closing, it underwent severance and became the seller’s personal property again—but only if the sale contract allowed it. If not disclosed, this could lead to a dispute.

Why Severance Matters for FSBO Sellers

  • Helps avoid disputes about removed fixtures
  • Ensures MLS listings accurately reflect included items
  • Protects sellers who want to keep certain fixtures
  • Clarifies what must be disclosed before closing

FSBO sellers should document any severed items and specify replacements to prevent misunderstandings with buyers.

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