Which of the following is NOT typically considered when determining fixture status?

• A. Agreement Between Parties
• B. Method Of Attachment
• C. Intention Of The Party Doing The Attaching
• D. Severance

Answer: (D)

Determining fixture status relies on how the item is attached to the property, how well it fits and functions with the property, the intention of the person who installed it, and any agreement between parties about its status. The attachment method shows whether the item is intended to be permanent (screwed in, cemented, or integrated) or simply movable. Adaptation or customization to the property also signals permanence. The installer’s intent clarifies whether the item was meant to become part of the real estate, not just something placed there temporarily. Finally, any agreement between owner and occupant can set expectations about whether a item remains personal property or becomes part of the land.

Severance, on the other hand, deals with the act of removing an item after it has been installed. It does not determine whether the item constitutes a fixture in the first place, so it isn’t typically used when deciding fixture status.