Which test determines whether something is a fixture or personal property?

The test that determines whether something is classified as a fixture or personal property is primarily based on the intent of the parties involved. This test examines what the parties intended when the item was placed in a location, specifically whether they viewed it as a permanent addition to the property or as something temporary that could be removed.

Understanding intent is crucial because it encompasses the circumstances surrounding the installation of the item, the nature of the item, and the relationship of the parties (e.g., a tenant versus a property owner). For example, if a homeowner installs a built-in bookshelf, it is likely intended to remain with the home, thus rendering it a fixture. Conversely, if an individual places a portable heater in the home, the intent may be to keep it as personal property, allowing it to be removed when they leave.

The other tests, such as those assessing attachment, adaptability, and ownership, can support the determination of whether an item is a fixture but do not directly address the primary concern of intent. For example, the test of attachment focuses on how securely an item is affixed to the property, while adaptability considers how well the item suits the property's use. The emphasis on ownership is less relevant than the intent behind the acquisition and use of the item.