2.2 Personal Property

What are the 3 legal test to tell if fixture is permanent or personal

-What was the intent of the parties -What was the adaptation to the article of real estate -What is the mode and permanence of the item attached

Personal property that has become real property by having been permanently attached or adapted to real property is known as a/an...? A) Fixture B) Trade Fixture C) Emblements D) Chattel

A

Serverance

A process by which real property becomes personal property.

Personal Property

All property that is not land and is not permanently attached to land; everything that is movable.

Items that are installed by a commercial tenant and are removable upon the termination of the tenancy are known as...? A) Emblements B) Trade Fixtures C) Chattel D) Real Property

B

Trees and shrubbery that are not cultivated annually are considered...? A) Personal property B) Chattel C) Real property D) Emblements

C

What is an example of a trade fixture?

Chicken coop, storage shelves

Trade Fixtures

Items that are installed by a commercial tenant and are removable upon termination of the tenancy.

What type of property can one have a hard time distinguishing as real vs personal property?

Mobile homes because in Texas you can file them as personal and real property

Chattel

Personal property

Fixtures

Personal property that has become real property by having been permanently attached or adapted to real property.

Emblements

The crops and other annual plantings considered to be personal property of the cultivator.

What kind of plants are real property and makes them so?

Trees and shrubs, because they are not cultivated annually