Explanations

• Fixture Determination (MARIA Acronym): To determine whether an item of property is a temporary personal property or a permanent real property (fixture), five tests are used, summarized by the acronym “MARIA”.

    ◦ M – Method of attachment: How the item is attached to the property. Items designed to be permanently attached are generally considered real property.

    ◦ A – Adaptability: Whether the item was created especially for the home. The greater the adaptation, the higher the probability it’s a permanent fixture.

    ◦ R – Relationship of the parties: In legal disputes where evidence is inconclusive, courts often side with the tenant over the landlord, the lender over the borrower, and the buyer over the seller, unless exclusions are clearly written.

    ◦ I – Intention: The original intent of the party who attached the fixture is a major factor. This can be apparent from documentation or actions.

    ◦ A – Agreement of the parties: A clearly written legal agreement signed by both parties is the easiest way to determine if a fixture is temporary or permanent.

• Cost of Item: The “Cost of item” is not one of the five tests used in the MARIA acronym to determine if an item is a fixture. While the value of an item might influence disputes, it is not a formal criterion for classification.

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