Chapter 2

An item that has been added as a permanent part of a building is known as

The answer is a fixture. An article that was once personal property but has been so affixed to land or to a building that the law construes it to be part of the real estate is a fixture.

If the court learns that the house in question has storm windows that are custom made, the court will consider which in determining whether the storm windows are fixtures?

The answer is adaptation of the item. These storm windows are fixtures because they were custom made.

Which condition is a factor to be considered in deciding whether a manufactured home is real property?

The answer is all of these. A manufactured home is considered real property if (a) the owner of the home has elected to treat it as real property, (b) a copy of the statement of ownership has been filed by the owner with the county clerk, and (c) both the Texas Department of Housing and Community Affairs and the tax assessor-collector have been notified of the filing of the statement of ownership. An owner may elect to treat a manufactured home as real property only if the home is permanently attached to land owned by the owner of the manufactured home or leased to the owner of the home under a long-term lease.

Lumber is used to build a house so that what was personal property (lumber) is now real property (the house). The process is called

The answer is attachment. When the lumber, which is not attached to property, is used to build something that is attached, personal property is made real property.

A property owner's right to revert her yard to its natural state is an example of the right of

The answer is control.

Which is the right to use the property in any legal manner?

The answer is enjoyment.

Which condition is NOT a factor to be considered in deciding whether a manufactured home is real property?

The answer is it has been permanently attached to a foundation for at least five years.

If water is found on a property, that makes the property

The answer is land, because it is attached to the property by nature. The basic definition of land is anything placed there by nature. Buildings, oil rigs, and such moved land into different categories because they are man-made.

If the court learns that a wall-to-wall carpet is tacked to the floor of a property, the court will consider which tests of a fixture in determining whether the carpet is a fixture?

The answer is method of attachment.

A property owner had a large bookcase built for the family room to match the cabinets in the kitchen. When it was delivered, and at the request of the property owner, the cabinetmaker did not attach the bookcase to the wall. If the property were sold and a dispute about the bookcase arose after the sale, which test would be applied by the courts to reach the conclusion that the bookcase is personal property?

The answer is mode and permanence of annexation.

If a leaseholder has control of subsurface rights, but in the process of exploiting those rights (such as drilling) discovers other valuable assets—such as Native American relics or even Spanish artifacts such as gold - is the leaseholder entitled to those discoveries?

The answer is no, subsurface rights specifically refer to "natural resources" below the surface. Antiquities or other man-made objects are not typically addressed in subsurface contracts.

Cultivated annual crops are classified as which kind of property?

The answer is personal. Because these crops are cultivated, they are not considered fruits of nature—they are fructus industriales or fruits of industry.

In a real estate transaction, a refrigerator is considered which kind of property?

The answer is personal. The refrigerator is generally movable, is not permanently attached, and will remain with the seller.

A parcel of land near an airport that has streets, sewers and utilities, but is currently undeveloped in terms of homes or other buildings, is called

The answer is real estate because the streets, sewers, and utilities represent "improvements."

Which term refers NOT only to the surface of the earth but also to the center of the earth below, to infinity above, to natural things permanently attached, and to man-made things permanently attached?

The answer is real estate. Real estate includes the land, as well as man-made permanent improvements on and attached to the land.

Attaching a manufactured home to land is one of the requirements for treating the home as which kind of property?

The answer is real.

In a deed, which indicates subsurface interests being retained by the seller?

The answer is reservation.

If a new airport is built near an existing residential community, what rights do the homeowners have?

The answer is right to require the airport operator to soundproof their homes and possibly even buy their homes.

If there is damage to the property when a trade fixture is removed, which party pays for the damage?

The answer is tenant. Trade fixtures can be removed by the tenant on or before the expiration of the lease, but the tenant is responsible for any damage to the property caused by their removal.

The subsurface right to extract minerals does not include the right to strip-mine coal, limestone, or iron ore because

The answer is that sort of mining substantially destroys the surface.

A buyer maintains a seller inappropriately removed a driveway basketball pole and hoop that had been cemented into the ground. Who is likely to prevail?

The answer is the buyer, because the pole had been permanently placed on the property.

What happens to trade fixtures that are not removed by a time the lease expires?

The answer is the fixture becomes the property of the property owner to do with as the owner pleases. The fixture becomes the property of the owner through a process known as "accession."

If the court learns that the seller listed several items in the sales contract that she wanted to take with her and the buyer agreed to the contract, the court will consider which in determining whether those items are fixtures?

The answer is the written agreement of the parties. These items would be personal property and not fixtures.

Under Texas law, does a person have a right to fly a drone over another individual's property without permission?

The answer is yes, Texas law gives aircraft operators the right to fly over private property.

Is there a scenario in which a new buyer could buy only surface rights to a property?

The answer is yes, if the subsurface and air rights already have been resolved. Agents representing buyers always must make sure what rights a buyer is purchasing so there are no disputes.

What would be the proper description of a vast piece of property whose only "improvement" is an abandoned and heavily deteriorated barn that would likely have to be razed?

The answer the property would be called real estate.

What would the proper name be for a vast piece of acreage whose only "improvements" were a large billboard stating it was available for sale and zoned for commercial development and a large number of surveyor flags?

The correct answer is the property would be called land.