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11 Cards in this Set
- Front
- Back
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FIXTURES
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Intro Card
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What are the two possible situations on the exam?
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1. Owner installs an appliance on the property, then contracts to sell property and doesn't mention appliance in K. Can O remove and keep appliance before closing.
2. T installs same kind of chattel on property. Can T remove and take chattel at end of lease? |
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Rule on attached fixture?
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If the attached item becomes a fixture, then the chattel can't be removed by either seller or tenant.
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How to determine if something is a fixture?
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INTENT. Did the one doing the installing intend that the item stay with the real property as a fixture.
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If there's an agreement regarding the matter, that will control. If not, what 4 facts to look at?
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1. Degree of attachment
2. General custom 3. Degree of harm 4. Trade fixtures |
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Degree of attachment?
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The more that has to be done to attach it to the property, the more likely the intent was that it stay.
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General custom?
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Is this the type of thing that sellers or tenants normally take when they leave?
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Degree of harm?
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Look at the degree of harm to the premises on removal.
Ts are favored-if T can remove the item w/o substantial damage to premises, courts allow an inference that there was no intent that the item was a fixture. |
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Trade fixtures?
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These are chattels used in a trade or business. They are NOT fixtures.
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What is the rule on washers and dryers?
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They are never fixtures. Ts can always take them when they go. Sellers can keep them upon sale.
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When can a chattel be removed?
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1. If T can remove the chattel, it must be removed before end of lease
2. If O can remove the chattel, it must be removed before closing. |
