Paralegal Certification PrepTorts and Property LawMedium
A tenant is moving out of an apartment and takes an antique chandelier that they installed, believing it to be their personal property. The landlord argues that the chandelier is a fixture and thus belongs to the real property. Which of the following factors would a court most likely consider to determine if the chandelier is a fixture?
- AThe tenant's original purchase price of the chandelier.
- BThe current market value of the chandelier.
- CThe ease with which the chandelier can be removed without damage.
- DThe tenant's verbal declaration at the time of installation.
Show answer & explanationAnswer & explanation
Correct answer: C. The ease with which the chandelier can be removed without damage.
The 'method of annexation' (how permanently it's attached and if removal causes damage) is a primary test for determining if an item has become a fixture. The other options are generally not primary legal factors.
Why the other options are wrong
- A. Purchase price is irrelevant to whether an item is a fixture.
- B. Market value is not a factor in determining if an item is a fixture.
- D. Verbal declarations are less persuasive than the objective physical attachment and intent.
Fixture (Real Property)
An item of personal property that has become permanently attached to real property and is therefore considered part of it.
- Determined by intent, method of annexation, and adaptation.
- Removal can cause damage to the real property.
- Often a point of dispute in landlord-tenant or real estate transactions.
Memory trick: To fix a fixture, consider its Intent, Attachment, Adaptation, and Agreement.