What acronym is used to remember the five tests for determining an item's status as a fixture?

The acronym MARIA is used to remember the five tests for determining whether an item is considered a fixture in real estate. The significance of MARIA lies in the characteristics it represents, which are:

• M – Method of attachment: How the item is attached to the property (is it permanent or temporary?).

• A – Adaptability: Whether the item is specifically adapted to the property, thereby increasing its utility as part of the whole.

• R – Relationship of the parties: The context in which the item was installed, taking into account the intentions of the parties involved.

• I – Intent: The intention of the person who installed the item regarding whether it was meant to remain with the property or not.

• A – Agreement: Any explicit agreements between the parties regarding the item, such as a lease or contractual agreement outlining whether something is a fixture.

This acronym assists real estate professionals in assessing whether an item should be classified as a real property fixture, which is crucial for legal and financial documentation in property transactions. Understanding these tests is vital since fixtures are generally included in the sale of property, and misclassification can lead to disputes.