====== Classes of Property ====== ===== 1. Real Property (Real Estate) ===== Real property includes land and all things permanently attached to it. * Land (surface, subsurface, and air rights) * Improvements (buildings, structures) * Fixtures (items permanently attached to the land or improvements) * Appurtenances (rights attached to the land, such as easements) Ownership of real property includes the bundle of rights: possession, use, exclusion, enjoyment, and disposition. ===== 2. Personal Property (Chattel) ===== Personal property consists of movable items not permanently attached to real property. * Furniture * Appliances not built-in * Vehicles * Clothing and tools Personal property transfers by bill of sale, not by deed. ===== 3. Fixtures ===== Fixtures are items that were once personal property but have become real property due to attachment or intent. California uses the MARIA test: * Method of attachment * Adaptability to the property * Relationship of the parties * Intent of the parties * Agreement of the parties Unless excluded in writing, fixtures transfer with the real property. ===== 4. Trade Fixtures ===== Trade fixtures are items installed by a tenant for business use. * Remain personal property * May be removed by the tenant before lease expiration * Tenant must repair damage caused by removal ===== 5. Freehold Estates ===== Ownership interests of uncertain duration. * Fee Simple Absolute (highest form of ownership) * Life Estate (ownership for the duration of a person’s life) ===== 6. Leasehold Estates ===== Possessory interests of fixed duration, held by tenants. * Estate for Years * Periodic Estate * Estate at Will * Estate at Sufferance Leasehold estates are considered personal property in California. ===== 7. Public vs. Private Property ===== * Private property: owned by individuals or entities * Public property: owned by government entities (federal, state, local)