Real Property · Lesson 12
Fixtures
這一課問的是:原本是動產的物品,是否已固定到土地上而成為「附著物」,隨土地一同移轉?
Actor
Act
Object
Standard
Consequence
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
fixture
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Chattel sufficiently attached to land to be treated as real property.
附著物。
annexation test
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Method, permanence, and degree of physical attachment.
附著程度測試。
adaptation test
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Whether item is specially adapted to the use of the realty.
適用測試。
intent
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Intent of the annexor at time of attachment — modern controlling factor.
附著時意圖。
trade fixture
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Chattel installed by tenant for business; usually removable.
商業附著物:通常可移。
Rule Sentence · the workhorse
Whether a chattel becomes a fixture turns on annexation, adaptation, and — most importantly — the intent of the party who attached it; once a fixture, the item passes with the land unless excluded by agreement.
Mini IRAC · build the Application
Issue. Did a built-in dishwasher become a fixture that passed with the house on sale, even though seller wanted to remove it?
Rule. Whether a chattel is a fixture depends on annexation, adaptation, and intent.
Application (model). S installed a built-in dishwasher integrated with cabinetry, electrical, and plumbing; nothing in the sale documents reserved the dishwasher. Because fixture status turns on annexation, adaptation, and intent, the fact that the dishwasher was integrated into the cabinetry, specifically sized for the kitchen, and was not reserved in writing means objectively the dishwasher was intended as part of the realty.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the dishwasher is a fixture and passed with the house.
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: