Tests of a Fixture

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.