Question 1 of 12
Walk me through how you would decide whether an item is a fixture or personal property when the contract is silent. Which facts matter most, and why?
Strong Interview Answer
I would start with any agreement, then evaluate the nature and degree of attachment, adaptation to the property, the relationship of the parties, and objective intent. A freestanding item that can be moved intact with no utilities or anchoring strongly points toward personal property, but I would avoid relying on one factor alone.
What to Listen For
- agreement first
- attachment/adaptation
- objective intent
- relationship of parties
- fact-specific analysis
Caution
A strong answer explains a decision process; it does not merely name 'fixture test.'