What are the legal tests for determining a fixture?

The three legal tests for determining whether an item is a fixture are means of annexation, permanence, and agreement of the parties.

Means of annexation refers to how the item is attached to the property. If an item is securely affixed or installed, it is likely considered a fixture. For example, built-in appliances or lighting fixtures, which are permanently connected to the property, usually qualify as fixtures.

Permanence assesses how long the item is intended to remain with the property. If an item is meant to stay and is not easily removable without causing damage to the property, it is more likely to be classified as a fixture.

The agreement of the parties recognizes that the intention or agreement between the buyer and seller can also dictate whether an item is considered a fixture. For instance, if a seller states that certain items will remain with the property upon sale, those items would be regarded as fixtures based on that agreement, regardless of their physical attributes.

The other options do not effectively encapsulate the criteria necessary for determining fixtures in real estate law. Cost, size, shape, market value, age, and historical nature may influence decisions but are not standardized legal tests for classifying fixtures. Durability, mobility, and visibility do not address the primary