Final answer:
To determine whether custom-made storm windows are fixtures, the court considers factors such as method of attachment, intention of the parties, agreement of the parties, and adaptation of the item to the house.
Step-by-step explanation:
If the court learns that the house in question has custom-made storm windows, it will consider various factors in determining whether the storm windows are fixtures. In this context, a fixture is an item that was once personal property but has since become part of the real property by attachment. The factors the court may consider include:
- Method of attachment: This refers to how the storm windows are attached to the house. If they are bolted or cemented in place, this suggests that they are designed to be permanent and are likely to be considered fixtures.
- Intention of the parties: The court will try to determine what the parties intended when the storm windows were installed. If the intention was for them to be a lasting improvement to the property, they are likely to be deemed fixtures.
- Agreement of the parties: If there is an existing agreement, such as a contract or deed specifying the status of the storm windows, the court will take this into account.
- Adaptation of the item: If the storm windows have been specifically designed for this house and cannot be easily used elsewhere, this suggests they are intended to be fixtures.
In summary, while all these factors are relevant, adaptation of the item and the intention behind their placement are particularly critical in determining whether something is a fixture.