Fixtures | California Real Estate State Exam Review

Fixtures are personal property that is incorporated into the land and thus become real property. Kitchen cabinets and a satellite dish are generally considered fixtures and are real property.

Tests for a fixture include MARIA:
 Method of attachment. This is the method by which property is incorporated into the land. The degree of permanence of the annexation is also important. If the fixture is attached by cement or concrete it is probably classified as a fixture, and therefore considered real property.
 Adaptability or Annexation. Personal property that is attached to the land and is being used as an ordinary use in connection with the land is good evidence of being a fixture. A house key is a good example.
 Relationship. The relationship between the person who placed the item (possible fixture) on the property and the person who disputes its classification is another important test in determining if it is a fixture. Examples may include buyer vs seller and landlord vs tenant relationships.
 Intent. This is the most important test for a fixture. Examples include satellite dishes, valances, and window coverings. What was the property owner’s intent when he or she attached the item to the property?
 Agreement. Whether items are considered fixtures (and therefore real property) should be clearly stated in the agreement. Common agreements may include real estate listing contracts and real estate purchase contracts.
TIME, COST, and SIZE are NOT tests for a fixture.

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This video is not affiliated with the California Department of Real Estate (DRE). The information provided is for general purpose and should not be used as up-to-date or accurate information.
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