chapter 3 fixtures and chattels

Question 1

fixtures(land)

Answer 1

go with the land
will belong to the purchaser
affixed to enhance the land
two-part test- degree of affixation and purpose of affixation: when the item is attached or even slightly attached it is presumed to be a fixture UNLESS once investigated, the circumstances show that they were intended to be enjoyed or remain as chattels (trees etc)

Question 2

chattels(object)

Answer 2

remain the personal property of the vendor

affixed for the enjoyment of the item (couch, lamp etc)

Question 3

a seller has just agreed to sell the house and is getting ready to move out, what items can she take with her?

1. her built-in countertop
2. her television, which is mounted to the wall
3. the laminate flooring which was just installed 2 months ago
4. the expensive faucet in the bathroom

Answer 3

2. her television, which is mounted to the wall (because the televison can be removed from that bracket pretty easily)

Question 4

which of the following items are found in a house and are considered to be chattels?

a. new laminated flooring in the downstairs rooms and hallways
b. a fridge in the garage
c. wood for the fireplace
d. a rose bush in the front of the house
1. a and c only
2. b and c only
3. b and d only
4. c and d only

Answer 4

2. b and c only

Question 5

are appliances like fridges considered fixtures of chattel?

Answer 5

they are considered chattel, because they are easily removable, even though they are often included in the sale

it is often part of the mls listing, it is important to include these things because they are chattels

Question 6

which of the following statements about fixtures and chattels are FALSE?

1. where an item is affixed for the enhancement of the use of the premises, that is evidence the item is a chattel
2. where an item is affixed slightly to the premises it will be considere, based on the first impression to be a fixture
3. a chattel is a personal property of the owner
4. the test for fixtures and chattels examines the degree of affixation of an item and the purpose of affixation of the item

Answer 6

1. where an item is affixed for the enhancement of the use of the premises, ntat is evidence the item is a chattel

if you are trying to better the premises, that is a fixture!

this one is also very tricky.

Question 7

which of the following statements about fixtures and chattels are true?

1. where an object is affixed to land for the better use or enjoyment of the object ans an object, it will be considered a fixture
2. items that are fixtures go with the land and will belong to the buyer upon completion, while chattels remain the personal property of the seller
3. articles that are affixed to the land regardless of how slightly are initially presumed to be fixtures (unless circumstances show otherwise)
4. to determine whether a piece of property is a fixture or a chattel, the courts have adopted a general three part test

Answer 7

2. items that are fixtures go with the land and will belong to the buyer upon completion, while chattels remain the personal property of the seller

tricky because, it answer 3 it says “regardless of how slightly” which makes it false, they would have to look at how much it was built in to determine.

have to really look at the wording in the answers