Question: When there is a dispute over whether an item is a fixture or personal property, which of the following statements is correct? When the dispute
When there is a dispute over whether an item is a fixture or personal property, which of the following statements is
correct?
When the dispute is between a tenant and a landowner over whether something the tenant has done to the leased premises is a
fixture, the courts favor the landlord.
When the dispute is between a buyer and a seller over whether an item is real property and passes with the land, the courts favor the
seller.
The courts do not favor parties in fixture litigation; only degree of attachment controls.
When the dispute is between an insurer and a homeowner over whether property destroyed in a fire was covered real property or
personal property, the courts favor the insurer.
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