A — Adaptability: custom-built for the property = fixture
Before you read
Test yourself first: 3 questions
Question 1 of 3
Whether an item is a fixture (real property) often turns on tests such as:
Answer: A. Fixture tests weigh annexation (attachment), adaptation to the property, and the parties' agreement/intent.
Question 2 of 3
Personal property (movable items) is also called:
Answer: A. Chattel/personalty is movable property; once permanently attached it can become a fixture (real property).
Question 3 of 3
Shelving and equipment a business tenant installs and may remove at lease end are:
Answer: A. Trade fixtures used in the tenant's business remain the tenant's personal property and are removable (repairing any damage) before the lease ends.
Keep the streak going with more questions like these, each with a full rationale.
Must-know rules
- M — Method of attachment: permanent = fixture
- A — Adaptability: custom-built for the property = fixture
- R — Relationship of parties: ties go to buyer over seller, tenant over landlord (trade fixtures)
- I — Intention when installed (the biggest factor)
- A — Agreement of the parties controls everything — put it in the contract
Fixture or Not? — MARIA: FAQs
Is Fixture or Not? — MARIA on the real estate exam?
Yes. Property Ownership & Land Use is a scored domain on the real estate licensing exam, and this topic appears in the national portion.
Is this cheat sheet free?
Yes — every page on Cinna RE's resource library is free to read, print and share. The app adds practice questions, mock exams and a readiness score.
