Question

Courts frequently have to make a decision as to whether some item does or does not go with the real property when it is sold. In making their decision, they use the "Five tests of a fixture." Which of the following is not a test of a fixture?
(a) method by which property is attached
(b) whether the property is considered adaptable
(c) whether the property is being taxed
(d) relationship of parties involved

Answer 1

Answer:

(c) whether the property is being taxed

Explanation:

Fixtures are considered part of real estate property and in the case of sale should be sold with the property. Therefore tests are done to determine what constitutes a fixture in a property and should be sold with the property to a person or entity. The five tests of fixture abbreviated MARIA is used by California courts in determining a fixture. They are: method of attachment, relationship of parties involved, adaptability, intention of the parties and agreement between the parties