Oregon 30-Hour Real Estate Law Practice Test

Which of the following is NOT one of the tests used by courts to determine if something is a fixture?

1. Adaptability to the property

2. Intent of the parties

3. Legally permissible use

4. Method of annexation

The correct answer is: Legally permissible use

To determine if something qualifies as a fixture, courts typically apply three crucial tests: adaptability to the property, the intent of the parties, and the method of annexation. The test of adaptability focuses on how the item is used in relation to the property and whether it is integral to the operation of the property as a whole. For instance, if a unique piece of equipment is specifically designed for a particular building, its adaptability to that property could suggest it's a fixture. Intent of the parties looks at the intention behind the installation of the item. If the person installing the item intended for it to remain with the property after sale, it supports the classification of that item as a fixture. Method of annexation examines how securely the item is attached to the property. Items that are permanently affixed or deeply integrated into the structure tend to be considered fixtures. The legally permissible use is not a standard test employed by courts to assess fixtures. While an item's use may have implications in other legal contexts—primarily in zoning or land use regulations—it does not directly influence whether an object is categorized as a fixture. Thus, this option does not align with the established legal tests for determining fixture status.