Property Ownership

In Maine, a fixture is personal property that has become real property. The primary test for determining if an item is a fixture is:

AWhether the owner intended it to be permanent✓ Correct
BWhether it can be removed without damage
CWhether it is listed in the deed
DWhether it was purchased with the home

Explanation

The primary test for determining whether personal property has become a fixture (real property) is the intent of the party who attached it — particularly, whether they intended it to be a permanent addition to the real estate.

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