Mnemonic - 5 Tests of a Fixture - MARIA Flashcards

Mnemonic - 5 Tests of a Fixture - MARIA Flashcards IntentionIf apparent, either in writing or by the actions of either party involved, this is considered to be the most important test of a fixture. Let us look at the tenant who wired special cosmetic lights into the bathroom wall, telling thelandlord he intended the lights to remain his personal property. He said he would repair the wall when he moved and would take the lights with him. This was a clear case of a tenant's intention to keep the lights as his personalproperty. A fixture may remain personal property if all parties are informed. Intention should always be put in writing.Agreement of the partiesWhen there has been a clear agreement between the parties in a dispute about fixtures, the courts will apply this test to determine who is in the right.Relationship of the partiesIn a dispute about fixtures, when there is no convincing evidence of the right of one party, courts will look at whether the parties are landlord-tenant, lender-borrower, or buyer-seller. The court then makes a decision based on the relationship of the parties in the case. Usually the court will favor the tenant over the landlord, the lender over the borrower, and the buyer over the seller.Method of AttachmentHow is the disputed item attached to theproperty? If it is permanently attached,it is real property. A chandelier wiredinto the electrical system makes it afixture, or real property. It would beincluded in the sale of the house assomething attached or affixed to the landunless the sellers specifically mentionedthey wanted to take it with them.AdaptationHas the item been made especially for theproperty? For example, have the drapesbeen custom-made for the windows?Has the carpet been cut especially to fitthe rooms? Is the stove built into thecounter? If so, each has become a fixture and has lost its status as personalproperty.