Legal Test of a Fixture

Question 1

What are the 5 tests to determine the property type ?

Answer 1

MARIA Method, adaptability, relationship, intention, agreement

Question 2

Determine “Method”

Answer 2

Method of annexation “attachment “ Is it permanently attached?

Question 3

Determine “Adaptability”

Answer 3

Adaptability of item to lands use. Has it been adapted/customized for the property ?

Question 4

Determine “Relationship”

Answer 4

Relationship of the parties Tenants and buyers are favored in legal battles

Question 5

Determine “Intention”

Answer 5

Intention in placing them on land. Was the intention permanent or temporary?

Question 6

Determine agreement

Answer 6

Agreement of the parties Is it written in an agreement ?

Question 7

Adaption

Answer 7

Refers to how the fixture is situated or adapted to the real property

Question 8

In what circumstances does a detachable item becomes adopted to the property ?

Answer 8

A detachable item is adopted to the property when other fixed items have to be dismantled to remove it, It then must not be removed