Question

Which of the following would be used to determine if an item of personal property has become a fixture and thus, real property?

a) Adaptation of the item to the premises
b) An agreement between the parties
c) The intention of the parties
d) All of the above

Answer 1

To determine if an item of personal property is a fixture, one should consider the adaptation of the item to the premises, any agreement between parties, and the intention of the parties, encompassing all the factors mentioned.

Step-by-step explanation:

To determine if an item of personal property has become a fixture and thus real property, one would consider d) All of the above: a) the adaptation of the item to the premises, b) an agreement between the parties, and c) the intention of the parties. These factors help establish whether personal property has been so affixed to land or a building that it becomes part of the real property. For example, a ceiling fan installed in a home may become a fixture as it is adapted to the premises, especially if the seller and buyer agree it is to remain with the property and the seller intended to include it in the sale.