classes_of_property
Differences
This shows you the differences between two versions of the page.
| classes_of_property [2025/12/23 09:57] – created reidjs | classes_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) | + | |
| - | - 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 | + | |
| - | - Clothing and tools | + | * Vehicles |
| + | | ||
| 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 | + | |
| - | - 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 | + | |
| + | | ||
| ===== 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) |
| + | | ||
| ===== 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 | + | |
| - | - 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 |
| + | | ||
classes_of_property.1766512624.txt.gz · Last modified: by reidjs
