Question

Which of the following is not considered in determining whether an item of property is a fixture?

Selections

• A. Method of attachment

• B. Relationship of parties

• C. Cost of item

• D. The adaptability of item attached

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Answer: C

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5 Keys Summary

1. The determination of whether an item is a fixture (part of real property) or personal property is guided by five tests summarized by the acronym MARIA.

2. The MARIA tests are: Method of attachment, Adaptability, Relationship of the parties, Intention, and Agreement.

3. The options listed in the MARIA acronym are Method of attachment (M), Adaptability (A), Relationship of the parties (R), Intention (I), and Agreement (A).

4. The Cost of the item (C) is not one of the official five tests used in the MARIA acronym for classifying an item as a fixture.

5. A fixture is personal property that has become permanently attached to land or improvements, thereby becoming part of the real property.

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