Property Ownership
In South Dakota, 'personal property' that becomes attached to real estate becomes a 'fixture.' The BEST test to determine if an item has become a fixture considers:
AOnly the method of attachment
BMethod of attachment, adaptation to the real estate, and the parties' intention✓ Correct
COnly the monetary value of the item
DWhether the item was listed in the purchase agreement
Explanation
The primary tests for whether personal property has become a fixture are: (1) method and degree of attachment, (2) adaptation to the real estate's use, and (3) intention of the parties. Intention is often the most important factor.
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