CHAPTER 1 REAL ESTATE VS PERSONAL PROPERTY

Question 1

Goods or every species of property movable or immovable which are not real property. Personal property.

Answer 1

Chattel

Question 2

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

Answer 2

Emblements

Question 3

Appurtenances attached to the land or improvements, which usually cannot be removed without agreement as they become real property; examples – plumbing fixtures, store fixtures built into the property, etc.

Answer 3

Fixtures

Question 4

Any property which is not real property.

Answer 4

Personal Property

Question 5

Articles of personal property annexed by a business tenant to real property which are necessary to the carrying on of a trade and are removable by the tenant.

Answer 5

Trade Fixture

Question 6

MARIA - 
M-METHOD OF ATTACHMENT 
A-ADAPTABILITY
R-RELATIONSHIP 
I-INTENT
A- AGREEMENT

Answer 6

M- if an item is attached using bolts, screws, nails, glue, cement, or another permanent method, it’s considered a fixture, and therefore real property.
A- items that were custom built to fit in a particular room will most likely be considered a fixture.
R- if the parties went to court to determine if an item is a fixture of not, the courts typically favor the buyer over the seller, and the tenant over the landlord.
I- what was the intent during installation of making it permanent.
A- agreement will express in contract.

Question 7

items that are installed by a business or commercial tenant and are removable upon termination of the tenancy. - example include - signage, display counters, custom equipment, store shelves

emblements - the products from the crops is considered personal property.

Answer 7

TRADE FIXTURE