property

fixture

A fixture is an item that was once personal property but has been attached to the land or a building in a way that makes it part of the real property. Courts usually look at the method of attachment, how the item was adapted to the property, and the intent of the person who installed it. Fixtures normally transfer with the property when it is sold unless the contract says otherwise.

Exam tip: Remember the MARIA tests (Method, Adaptability, Relationship, Intention, Agreement); intention is often considered the most important. Do not confuse fixtures with trade fixtures, which a commercial tenant may remove.
Example: A seller bolts a chandelier to the dining room ceiling. Unless the purchase agreement excludes it, the chandelier stays with the house for the buyer.

1. Which test is MOST important in determining whether an item is a fixture?

Answer & explanation

Answer: D. Intention, as shown by the method of attachment, adaptation and any agreement (the M.A.R.I.A. factors), is the controlling test. A written agreement in the sales contract that spells out what stays avoids disputes. Cost and size are irrelevant.

Related terms & state variants

annexation personal property real property severance trade fixture

Sources

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Last verified: 2026-10-23