Texas Attorney General Opinion: O-5268 Page: 5 of 9
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
c
oonfliot in the decisions on the subject, in respect
to the rights of parties interested in its determina-
tion in the great number of oases in which, in recent
times, it has been under discussion; and especially
in reference to the proper tests for determining
whether the particular article in question should be
regarded as a fixture or not.
*It is said, the weight of the modern authorities
establish the doctrine that the true criterion for
determining whether a chattel has become an immovable
fixture, oonsits in the united application of the
following tests:
"1st, Has thcrc been a real or constructive
annexation of the article in question to the realty?
"2d. Was there a fitness or adaptation of such
article to the uses or purposes of the realty with
which it is connected?
*3d. Whether or not it was the intention of the
party aking the annexation that the chattel should
become a permanent, accession to the freehold?-this
intention being inferable from the nature of the
article, the relation and situation of the parties
interested, the policy of the law in respect thereto,
the mode of annexation, and purpose or use for which
the annexation is made.
"And of these three tests, pre-eminence is to be
given to tn e question of intention to make the article
a permanent accession to the freehold, while the others
are chiefly of value as evidence as to this intention.
(Ewell on Fixtures, 21, 22.)
tit is also to be noted, that owng to the greater
relative importance and value :now attached to chattels
than formerly, and, in the interest of manufacture and
commerce, a much more liberal rule has been adopted,
in determining whether or not chattels which have been
placed upon land by lessees and tenants are permanently
annexed to it, than once prevailed. It is well settledHon, fred Erisman, page 5
I
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: O-5268, text, 1943; (https://texashistory.unt.edu/ark:/67531/metapth262536/m1/5/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.