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When There Is a Dispute Over Whether an Item Is

Question 83

Multiple Choice

When there is a dispute over whether an item is a fixture or personal property, which of the following statements is correct?


A) 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.
B) 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.
C) 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.
D) The courts do not favor parties in fixture litigation; only degree of attachment controls.

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