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classes_of_property [2025/12/23 09:57] – created reidjsclasses_of_property [2025/12/23 10:01] (current) reidjs
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 ===== 1. Real Property (Real Estate) ===== ===== 1. Real Property (Real Estate) =====
-Real property includes land and all things permanently attached to it.   +Real property includes land and all things permanently attached to it. 
-Land (surface, subsurface, and air rights)   + 
-Improvements (buildings, structures)   +  * Land (surface, subsurface, and air rights) 
-Fixtures (items permanently attached to the land or improvements)   +  Improvements (buildings, structures) 
-Appurtenances (rights attached to the land, such as easements)+  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. Ownership of real property includes the bundle of rights: possession, use, exclusion, enjoyment, and disposition.
  
 ===== 2. Personal Property (Chattel) ===== ===== 2. Personal Property (Chattel) =====
-Personal property consists of movable items not permanently attached to real property.   +Personal property consists of movable items not permanently attached to real property. 
-- Furniture   + 
-Appliances not built-in   +  * Furniture 
-- Vehicles   +  Appliances not built-in 
-Clothing and tools  +  * Vehicles 
 +  Clothing and tools
  
 Personal property transfers by bill of sale, not by deed. Personal property transfers by bill of sale, not by deed.
  
 ===== 3. Fixtures ===== ===== 3. Fixtures =====
-Fixtures are items that were once personal property but have become real property due to attachment or intent.  +Fixtures are items that were once personal property but have become real property due to attachment or intent. 
 California uses the MARIA test: California uses the MARIA test:
-Method of attachment   + 
-Adaptability to the property   +  * Method of attachment 
-Relationship of the parties   +  Adaptability to the property 
-Intent of the parties   +  Relationship of the parties 
-Agreement of the parties  +  Intent of the parties 
 +  Agreement of the parties
  
 Unless excluded in writing, fixtures transfer with the real property. Unless excluded in writing, fixtures transfer with the real property.
  
 ===== 4. Trade Fixtures ===== ===== 4. Trade Fixtures =====
-Trade fixtures are items installed by a tenant for business use.   +Trade fixtures are items installed by a tenant for business use. 
-Remain personal property   + 
-May be removed by the tenant before lease expiration   +  * Remain personal property 
-Tenant must repair damage caused by removal  +  May be removed by the tenant before lease expiration 
 +  Tenant must repair damage caused by removal
  
 ===== 5. Freehold Estates ===== ===== 5. Freehold Estates =====
-Ownership interests of uncertain duration:   +Ownership interests of uncertain duration. 
-Fee Simple Absolute (highest form of ownership)   + 
-Life Estate (ownership for the duration of a person’s life)+  * Fee Simple Absolute (highest form of ownership) 
 +  Life Estate (ownership for the duration of a person’s life)
  
 ===== 6. Leasehold Estates ===== ===== 6. Leasehold Estates =====
-Possessory interests of fixed duration, held by tenants:   +Possessory interests of fixed duration, held by tenants. 
-Estate for Years   + 
-Periodic Estate   +  * Estate for Years 
-Estate at Will   +  Periodic Estate 
-Estate at Sufferance  +  Estate at Will 
 +  Estate at Sufferance
  
 Leasehold estates are considered personal property in California. Leasehold estates are considered personal property in California.
  
 ===== 7. Public vs. Private Property ===== ===== 7. Public vs. Private Property =====
-Private property: owned by individuals or entities   + 
-Public property: owned by government entities (federal, state, local)+  * Private property: owned by individuals or entities 
 +  Public property: owned by government entities (federal, state, local)
classes_of_property.1766512624.txt.gz · Last modified: by reidjs