Real vs personal property
Fixture
Personal property that has become part of the real estate by attachment
A ceiling fan in a box is personal property; bolted to the ceiling it is a fixture and conveys with the house unless the contract says otherwise. Courts look at the method of attachment, adaptation to the property, the parties’ intention and any agreement between them.
How the exam asks about it
The intention test is what makes this examinable rather than obvious. The reliable answer to disputes is that the contract should have said — which is why the exam rewards knowing that anything ambiguous belongs in writing.
Related terms
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