Tests of a Fixture

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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



Trade Fixture

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