WEBVTT

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Look at these two items in the same

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kitchen.

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Built-in cabinets, and a cart on wheels.

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Both are useful.

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Both may be heavy.

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But they are not necessarily classified the same

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way.

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The cart is ordinarily personal property.

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It can be moved without becoming part of

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the building.

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The cabinets are ordinarily fixtures, incorporated into the

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kitchen.

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A fixture began as personal property but is

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treated as part of the real estate.

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Attachment and adaptation matter.

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So do intention, the parties' relationship, and their

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agreement.

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Do not decide from weight or appearance alone.

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Quick check:

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which item is more likely a fixture?

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The built-in cabinets.

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The key is how the item is incorporated

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into the property, considered with the facts and

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agreement.
