Personal Property vs Fixture: The Case of the Bookcase

Which test would be applied by the courts to determine if the bookcase is personal property or a fixture?

A) Written agreement
B) Adaptation of an article
C) Mode and permanence of annexation
D) Exception of a fixture
Final answer:

Answer:

When determining if a bookcase is personal property or a fixture, the courts would use the 'Mode and permanence of annexation' test, which looks at how the item is attached to the property. Since the bookcase in question wasn't attached to the wall, it probably remains personal property. Other factors could also come into play, but this is the main test.

If a dispute arose after the sale of a property concerning whether a bookcase is personal property or a fixture, the courts would likely apply the Mode and permanence of annexation test to determine its status. This test considers how permanently the object is attached to the property. In this instance, since the cabinetmaker did not attach the bookcase to the wall at the property owner's request, it suggests that the bookcase was intended to remain personal property rather than becoming a fixture of the home. Factors such as the degree of attachment, the damage that would be caused by removal, and the adaptation of the item for use in the house could all influence this determination. However, without any permanent attachment, the bookcase is likely to be considered personal property. It is essential to note that in some cases, other factors might also be considered such as the Adaptation of an article, which examines how the item has been customized for the home, or the existence of any Written agreement specifying the nature of the item. If a specific exception of a fixture had been previously agreed upon between parties, it could override the general rules applied in such disputes. But with the information provided, Mode and permanence of annexation would be the primary test used by the courts.