Fixtures

Question 1

In common ownership cases, what is the test for whether an item is a “fixture”?

Answer 1

It depends on the objective intention of the party who made the “annexation.”

Consider:

1. Nature of the article
2. Manner in which it is attached to the realty
3. Amount of damage that would be caused by its removal
4. Adaptation of the item to the use of the realty

Question 2

When is an item considered a fixture even though it is not physically annexed to the real estate at all?

Answer 2

Considered a “constructive annexation” when it is so uniquely adapted to the real estate that it makes no sense to separate it

Question 3

When the owner of the land conveys it without expressly providing whether the chattels are to pass with the realty, what is the test?

Answer 3

The intention test: whether a reasonable purchaser would expect that the disputed item was part of the realty

Question 4

When may a tenant remove a chattel that he has attached to the premises?

Answer 4

Anytime, as long as the removal does not leave unrepaired damage to the premises or cause the virtual destruction of the chattel

The chattel must be removed before the end of the lease term

Question 5

What rights to trespassers have over their annexations?

Answer 5

They normally lose their annexations, whether they installed htem in good faith or not.

They can also be held liable for the reasonable rental value of the property on which they annexed the item for the period that they illegally occupied the land.

Question 6

If a court allows a good faith trespasser to recover for an improvement to the land, what will the recovery be?

Answer 6

It is measured by the value added to the land – not the cost to construct the improvement