Question

Which of these is NOT considered when determining whether an item is a fixture or personal property?

A) intention of the annexer
B) manner of annexation
C) value of the annexed item
D) relationship of the parties

Answer 1

The value of the annexed item is not considered when determining whether an item is a fixture or personal property; instead, the intention of the annexer, manner of annexation, and relationship of the parties are the main factors.

Step-by-step explanation:

When determining whether an item is a fixture or personal property, the value of the annexed item (C) is NOT considered.

The main factors that are taken into account include the intention of the annexer (A), the manner of annexation (B), and the relationship of the parties (D).

These criteria help to determine whether an item is intended to remain permanently in place or if it can be removed without causing damage to the premises, reflecting the intent and the permanent character (or lack thereof) of the attachment.