To determine whether or not a fixture is permanent, a court will consider these tests:
| • | Method of attachment including the permanency of attachment and the economic burden of removal |
| • | Adaptability of the item to the ordinary use of the real estate |
| • | Relationship of the parties |
| • | Intention of the person who installed the item |
| • | Agreement of the parties - a written agreement, it will (usually) override any of the other tests of a fixture |
The cost of an item has no bearing on whether or not the item is a fixture.
Related Topics
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