PSI New Jersey Real Estate State Practice Exam

Which of the following is NOT a legal test for a fixture?

1. Adaptation to the real estate

2. Intention of the parties

3. Method of attachment

4. 2 acres of land

The correct answer is: 2 acres of land

The reasoning behind identifying the response regarding 2 acres of land as not a legal test for a fixture rests on a foundational understanding of what constitutes a fixture in real estate. A fixture is typically something that was once personal property but has become part of the real estate due to its installation or attachment. The legal tests for determining whether an item is a fixture include adaptation to the real estate, which assesses whether the item is tailored to the property's specific use; intention of the parties, which involves understanding whether the parties intended for the item to remain with the property when it was sold; and method of attachment, which looks at how securely the item is attached to the property. In contrast, the reference to "2 acres of land" does not relate to the characteristics or conditions that would classify an object as a fixture. Land area itself does not serve as a determinant for assessing items attached to the property, thereby solidifying it as the option that does not align with the legal criteria for defining a fixture.