academia, academic, Law

Would a painting bolted to the wall by a tenant be legally considered a fixture? (…and other things I think about on a Friday night)

Currently: my brain is doing somersaults and for once it has nothing to do with emotions. (I kid.) But I AM serious about the somersaults. Trying to figure out when something would be considered a fixture in law… If something is “affixed” to real property (e.g. to the wall of a building), it becomes part of that property (which is important when you need to determine who owns it). So… we start with the fact that paintings hung on the wall with a hook are NOT fixtures. But what if they were large, and maybe screwed and bolted into the wall? If a tenant forgets to take them when their lease ends, are they still theirs or did they become part of the landlord’s property? How about if the tenant hired someone to paint them directly on the wall and they’re actually quite valuable? Can a tenant paint it over before they leave… or not?

I feel like this entire law course is SO fascinating but completely freezes me up because I’m always questioning everything. It doesn’t come easy for me AT ALL. I have a tendency to argue the point by proving why its primary test is true, and then instead of stopping there also argue the secondary test that would apply if that first argument was denied. i.e. “doubling down on my arguments”. Except I need to keep reminding myself that the second test is actually irrelevant to the case if the first test is met! (And adds word count!)

Anyways, aside from this law assignment due tonight… countdown is on! SIX more weeks before I graduate! I don’t know what I’ll even call myself when I’m no longer a “Student”.

Like, maybe just “Person” or something?

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