Chapter 3 fixture chattel Flashcards
Which of the following statements about fixtures and chattels is FALSE?
(1) Where an item has been affixed for the enhancement of the use of the premises, that is evidence the item is a chattel.
(2) Where an item is affixed slightly to the premises it will be considered, based on the first impression, to be a fixture.
(3) To determine whether an item is a fixture or a chattel, the courts have devised a two part test.
(4) The two part test examines the degree of affixation of an item and the purpose of affixation of the item.
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Which of the following statements about fixtures and chattels is FALSE?
(1) When a chattel becomes attached, even slightly, to real property, it will “prima facie” be considered a fixture unless circumstances show that the property was intended to remain a chattel.
(2) A seller of real property has the right to detach and remove any fixture after entering the contract of purchase and sale, if he or she so desires.
(3) When an owner of a house attaches a mirror to the wall, to better use the mirror, he or she will usually be entitled to remove the mirror when the house is sold and the seller moves out.
(4) If an object cannot be removed without damaging the real property, this is an indication that the object is a fixture.
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