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Real Estate Law Test 1
3-Fixtures
7
Real Estate & Planning
Undergraduate 4
09/09/2009

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Cards

Term
Fixture
Definition
an article that was once personal property, but has been installed to land or a building in some permanent manner as part of real estate
Term
Tests to determine whether a particular article is a fixture
Definition

1. The manner in which it is attached. Will it damage the property if removed?

2. The character of the article and its adaptation to the real estate. Article was installed to facilitate the intended use of the building

3. The intention of the parties. ....stoves in an apartment-Most Important

Term
Constructive Annexation
Definition
certain objects that in no way attach to the building, but are regarded as fixtures because they are so strongly connected with the building....for large companies this falls under the integrated industrial plant rule
Term
Trade Fixtures
Definition
articles installed by a tenant for a trade or business purpose may be removed
Term
Agricultural Fixtures
Definition
articles installed by a tenant farmer for the purpose of enabling it to farm the land may be removed
Term
Domestic Fixtures
Definition
articles installed in a dwelling by a tenant in order to render it more comfortable or attractive may be removed
Term
Fixtures bought, paid for, and installed by the landowner after the execution of the mortgage on the land....
Definition
...become subject to the lien of the mortgage and cannot thereafter be removed by the landowner......this does not apply to tenants
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