For an item to be treated as a fixture under Chapter 212, must the item’s owner also own the real property?
Correct Answer
D) No; the statute says it is not necessary that the owner of the item also own the real property
Section 212.06(14) addresses the point directly: "to be considered a fixture, it is not necessary that the owner of the item also own the real property to which it is attached." That is what lets a tenant improvement be treated as an improvement to real property even though the landlord owns the building.
Why This Is the Correct Answer
Section 212.06(14) addresses the point directly: "to be considered a fixture, it is not necessary that the owner of the item also own the real property to which it is attached." That is what lets a tenant improvement be treated as an improvement to real property even though the landlord owns the building.
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