Illinois Leasing Agent Practice Exam

Which legal test might be used to determine if an item is a fixture?

1. Adaptation

2. Affixation

3. Intention of the parties

4. Compatibility with the property

The correct answer is: Adaptation

The legal test that is commonly used to determine if an item is a fixture is the concept of "intention of the parties." This test evaluates whether the person who installed the item intended for it to be a permanent part of the property or simply a temporary addition. When determining fixtures, courts often consider whether the addition is intended to enhance the property in a significant and lasting way. This approach to identifying fixtures takes into account the context of the case, including agreements between parties and the nature of the item in question. In situations where the intention is evident, such as through written agreements or the nature of the installation, a decision can be made about whether the item should remain with the property upon sale or lease. In contrast to this key factor, adaptation refers to how the item fits within the property but does not directly address the intent behind installation. Affixation involves the actual physical attachment of the item to the property but does not encompass the intent behind the attachment. Compatibility with the property might describe how well the item works within the context of the space but lacks consideration of the parties' intentions regarding the item’s permanence.