Question 1 of 15
Explain how you would determine whether a wall-mounted item is a fixture when the contract is silent.
Strong Interview Answer
I would separate the removable equipment from the part annexed to the real estate and evaluate attachment, adaptation, objective intent, the parties' relationship, and any agreement. A custom bracket bolted into wall studs is strongly indicative of a fixture; the removable television itself is more likely personal property unless the contract includes it.
What to Listen For
- attachment/annexation
- adaptation to the property
- objective intent
- agreement controls
- separating bracket from removable equipment
Caution
Do not use 'anything attached is a fixture' as an absolute rule; trade fixtures and contract language can change the result.