====== Fixture ====== A **fixture** is an item of **personal property** that has become **real property** by being **permanently attached** to land or a building. ===== Key Characteristics ===== * Originally **personal property** * Becomes **real property** when attached * Transfers with the property unless excluded * Commonly tested using the **MARIA test** ===== MARIA Test ===== * **M**ethod of attachment * **A**daptability to the property * **R**elationship of the parties * **I**ntention of the parties * **A**greement of the parties (Intention is the most important factor.) ===== Trade Fixtures ===== * Fixtures installed by a tenant for business use * Considered **personal property** * Tenant may remove them if no damage is caused ===== Fixtures vs Personal Property ===== * **Fixture** * Permanently attached * Transfers with real property * **Personal Property** * Movable * Does not transfer unless included ===== Exam Tip ===== * When in doubt, **fixtures transfer** * Always check the **purchase agreement**