What factor is NOT considered when determining if an item is a fixture?

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When assessing whether an item is classified as a fixture, the primary focus is on how the item is related to the property—this includes factors such as the degree of attachment, general custom within the industry or community, and the concept of trade fixtures.

The degree of attachment refers to how permanently an item is affixed to the property; if it is physically attached in a manner that is intended to make it a permanent part of the property, it is more likely to be considered a fixture. General custom revolves around societal norms and expectations regarding what is typically considered a fixture versus a personal property item. Trade fixtures are items used in a business setting that, while attached to the property, are still considered personal property if they are intended for business use and can be removed by the tenant.

Cost of the item is not a determining factor when evaluating its status as a fixture. An item may be inexpensive yet function as a fixture, while an expensive item could still be classified as personal property based on other criteria. Therefore, the cost does not influence the legal classification of the item in relation to the property.

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