Property Ownership 2

An item of personal property may become a fixture by: attachment adaptation _____

agreement

An item of personal property may become a fixture by: _____ adaptation agreement

attachment

Real property is conveyed by means of a _____.

deed

An item that would most likely be considered a fixture because of agreement between buyer and seller is _____.

draperies

Landscaping for a house is an example of _____.

fructus naturales

Fixture Examples

For example, if storm windows are a standard size that could be used on other standard sized windows, they probably would NOT be considered a fixture. If the storm windows are custom fit to the windows, they would probably be considered a fixture since they are custom adapted to the house. If a one-room air conditioner were placed in a window and plugged into a wall socket, it would probably NOT be considered a fixture. If the air conditioner were mounted in the wall and wired directly into a wiring circuit, it would probably be considered a fixture.

An item of personal property may become a fixture by: attachment _____ agreement

adaptation

Other examples of appurtenances include:

an assigned parking space that goes with an individual unit in a condominium development stock in a mutual water company, owned by landowners, that serves the land of those owners

A right, privilege or improvement associated with land is called a(n) _____.

appurtenance

Plants that are cultivated annually are called _____.

fructus industriales

Fixture

initially was personal property, but has become real property For example, a television antenna is personal property when it is bought in a store. After it is attached to a house, however, it is a fixture and becomes real property.

Fructus industriales are considered _____ property.

personal

A trade fixture is considered _____.

personal property

An item of personal property that is NOT permanently attached to real property is usually considered _____.

personal property

An unattached item of personal property that is NOT adapted to a particular parcel of real property is usually considered _____.

personal property

FRUCTUS INDUSTRIALES are:

plants that are cultivated by humans and depend on humans for their existence and growth considered to be PERSONAL PROPERTY also called EMBLEMENTS

In summary, FRUCTUS NATURALES are:

plants that grow NATURALLY, without help from humans considered to be REAL PROPERTY

Littoral Rights

A littoral right is the right of a landowner to use the water in a lake or sea which adjoins his/her property. The landowner may use or enjoy the water touching his/her land provided he/she does not alter the water's position by artificial means.

Which of the following is NOT a chattel real?

Deed

Trees and uncultivated vegetation are called _____.

Fructus naturales

The boundary of the property carrying riparian rights depends on whether the river or stream is navigable or not.

If it is navigable (boats can travel on it), the land owner's property ends at the low water mark. If it is NOT navigable, the land owner's property ends at the MIDDLE of the watercourse (e.g. river or stream).

An appurtenance _____.

Runs with the land

When land joins a flowing body of water:

The owner has the right to limited, nonexclusive use of the water out of the watercourse (e.g. river or stream). The owner does not own the water itself, but may use it for reasonable purposes.

DOCTRINE OF PRIOR APPROPRIATION

The riparian rights of an owner in some states are limited by the doctrine of prior appropriation. This states that the first owner to divert water for his/her own use may continue to do so, even if it is not fair to other owners along the watercourse.

An appurtenance is said to "run with the land."

This means that the appurtenance is permanently associated with the land and exists as long as the land exists.

There is a special category of fixtures that deals with fixtures used in a trade or business. For example, a pharmacist leases a building for a pharmacy. He then installs shelves for product display. Are these shelves personal property belonging to the pharmacist or real property (a fixture) belonging to the owner of the building?

When items such as the pharmacist's shelves are attached to or installed in real property FOR BUSINESS PURPOSES, the items are considered PERSONAL PROPERTY as long as two conditions are met: The items must be removed PRIOR to the end of the lease. The property must be returned to its original condition when the items are removed.

An item of personal property that is permanently attached to real property is usually considered _____.

a fixture

An item that would most likely be considered a fixture because of attachment to real property is _____.

a garage door opener

An APPURTENANCE is:

a right, privilege, or improvement associated with land NOT necessarily a part of the land

Chattel

another word for personal property

An assigned parking space for a condominium unit is called a(n) _____.

appurtenance

A trade fixture may be removed from leased real property

before the lease expires only

Personal property is conveyed by means of a _____.

bill of sale

An item of personal property can become a fixture if it is designated by _____.

both the buyer and the seller

An item of personal property which is movable and not associated with real property is called _____.

chattel personal

Boats or tools are examples of _____.

chattel personal

There are two categories of chattel:

chattel personal chattel real

An item of personal property which is not movable or is associated with real property is called _____.

chattel real

Leases and options are examples of _____.

chattel real

Crops such as corn and wheat are examples of _____.

emblements

An item of personal property that is adapted to a particular parcel of real property is usually considered _____.

fixture

Emblements are the same thing as _____.

fructus industriales

Riparian rights are _____.

limited

Rights associated with ownership of land adjoining a stationary body of water are called _____ rights.

littoral

Examples of chattel real that consist of an INTANGIBLE property interest include:

mortgages leases options easements

Emblements are considered _____ property.

personal

An item of chattel is _____.

personal property only

Fructus naturales are considered _____ property.

real

A fixture is considered _____.

real property

Riparian Rights

rights occur when land adjoins a river, stream or other flowing body of water.

LITTORAL

rights occur when land adjoins a stationary body of water, such as a lake or sea.

Rights associated with ownership of land adjoining a flowing body of water are called _____ rights.

riparian

An item that would most likely be considered a fixture because of adaptation to real property is _____.

storm windows

A chattel real may be _____.

tangible property an intangible property interest

Under riparian rights, an owner of land adjoining a navigable body of flowing water owns land to the _____.

the low water mark

Under riparian rights, an owner of land adjoining an unnavigable body of flowing water owns land to the _____.

the middle of the waterway

Determining whether property is a fixture or personal property is important _____.

whenever a property value is determined