Knowledge Focus: Test of a Fixture

Test of a Fixture

Test of a Fixture: To help determine whether something is so affixed to real property as to become real property, the test of a fixture concept was developed. These tests are summarized as:

♦ Intention: Did the person who installed the item intend for it to remain permanently on the property or for it to be removable in the future?

♦ Method of attachment: How permanent is the method of attachment? Can the item be removed without causing any damage?

♦ Adaptation to real estate: Is the item being consistently used as real or personal property?

♦ Agreement: Did the owners stipulate in writing on whether the item is real or personal property?

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