Property Ownership

A Texas homeowner installs a new HVAC system. For the system to be considered real property (a fixture) that stays with the house when sold:

AThe owner must file a fixture filing with the county
BThe HVAC must be permanently attached, intended to remain, and adapted to the building's use✓ Correct
CThe buyer must agree in writing to accept it
DTREC must classify it as a fixture

Explanation

The three tests for a fixture (real property vs. personal property) are: (1) method of attachment (permanent), (2) adaptation (essential to the property's use), and (3) intent (intended to remain permanently). A built-in HVAC meets all three tests.

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