Oregon 30-Hour Real Estate Law Practice Test

What aspect often influences the classification of a property as a fixture?

1. Its historical value

2. Its connection to the land

3. Its market price

4. Its aesthetic appeal

The correct answer is: Its connection to the land

The classification of a property as a fixture is primarily influenced by its connection to the land. A fixture is generally defined as an item that was once personal property but has been affixed to the land or a structure in such a way that it becomes part of it. This attachment can be physical, such as being anchored or built into the property, and it often reflects the intention of the owner to make it a permanent part of the property. For example, if a homeowner installs a built-in bookshelf, it is physically connected to the structure and likely intended to remain there, thus classifying it as a fixture. The underlying principle is that the closer and more permanent the connection to the land or building, the more likely it is to be considered a fixture. While other factors such as historical value, market price, or aesthetic appeal may play a role in the overall assessment of a property, they do not solely determine whether an item is classified as a fixture. The primary legal framework surrounding fixtures revolves around the attachment and the intent of permanence, making the connection to the land the most significant aspect in this classification.