Real Estate · Property Ownership

Which of the following is considered real property rather than personal property?

Correct answer

A built-in dishwasher attached to the cabinetry

  1. A A free-standing refrigerator the seller plans to take
  2. B A built-in dishwasher attached to the cabinetry
  3. C A removable area rug
  4. D A piece of art hung with a nail

Why this is the answer

Real property is land and anything permanently attached to it (improvements, fixtures). Personal property is movable. The classification matters because real property transfers with the sale of the home unless excluded; personal property does not transfer unless included. The 'fixture test' uses three factors (MARIA): Method of attachment, Adaptation to the property, Relationship of the parties, Intention, and Agreement of the parties. A built-in dishwasher is attached, adapted to the cabinetry, and clearly intended to stay — it is a fixture and part of real property. A free-standing refrigerator is movable and typically personal property. An area rug is personal. A nail-hung painting is generally personal property too, though disputes arise over installed shelving, fixtures, etc. Contracts should specifically list items in dispute.
Source: Real Estate Principles, Real vs Personal Property

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