Am. Bank & Tr. Co. v. Shel-Boze, Inc. - 527 So. 2d 1052 (La. Ct. App. 1988)

Rule:

Things are considered permanently attached if they cannot be removed without substantial damage to themselves or to the immovable to which they are attached.

Facts:

The bank was the holder of a number of promissory notes executed by a builder, and secured by collateral mortgages affecting two residential lots. The lighting and carpet suppliers contracted with the builder to provide lighting fixtures and carpet in the homes. The builder surrendered the lots to the bank after failing to meet its financial obligation. The suppliers removed their fixtures.

Issue:

Did the trial court err in dismissing the bank’s action against the suppliers?

Answer:

Yes.

Conclusion:

The court reversed the dismissal. It held that the fixtures installed by the suppliers had become component parts of the residences. Under La. Civ. Code Ann. arts. 462, 463 and 469 and La. Rev. Stat. Ann. § 9:2721, the residences, built on slabs, were immovables, and an encumbrance of an immovable, such as a mortgage, included the encumbrance of its component parts.