Rockwell Real Estate
emblements - CORRECT ANSWER-In the common law, emblements are annual crops
produced by cultivation legally belonging to the tenant with the implied right for its
harvest, and are treated as the tenant's property.
4 Tests in determining whether something is attached to the property or not in the court
of law - CORRECT ANSWER-Method of attachment test
Adaptation test
Intention test
Relationship test
Method of attachment test - CORRECT ANSWER-The first test of whether or not an
item is a fixture is the method of attachment test. Is the item attached to the realty in
some way, and if so, how?
Adaptation test - CORRECT ANSWER-With the adaptation test, the question is whether
the item has been specially adapted to the realty in some way, or was specially
designed for it.
Such as the pews in the church will be considered as fixtures even thought they are not
attached to the floor in anyway
Intention test - CORRECT ANSWER-The intention test carries a lot of weight in a
lawsuit.
It refers to the original intention of the person who installed the item that's now in
dispute.
The judge will look for evidence indicating whether the item was installed with the
intention of making it a permanent part of the structure.
If so, the judge will usually rule that the item is a fixture.
Relationship test - CORRECT ANSWER-The relationship test can be seen as another
way of establishing the intention of the person who installed the item, or arranged to
have it installed. It refers to that person's relationship to the real property at the time of
the installation.
Did he own the property, or was he just a tenant?
Under the relationship test, it's assumed that tenants intend to take their belongings with
them when they move, even if the items were attached to the realty during the tenancy.
trade fixtures - CORRECT ANSWER-Equipment and other items that a commercial
tenant installs to carry on a business
, But even though they're called fixtures, trade fixtures aren't considered part of the real
property, no matter how they're attached.
Fixtures vs Personal Property - CORRECT ANSWER-In a real estate transaction, items
that are legally considered fixtures—part of the real property—will pass to the buyer by
deed, unless the parties specifically agree to exclude them from the sale.
The items that are legally classified as personal property aren't part of the real estate,
so the deed won't automatically transfer their ownership to the buyer.
3 methods of legal description - CORRECT ANSWER-Metes and Bounds - Local.
Describes the property location in the location itself
Government Survey method - Used to identify the location of the property in reference
to the united states survey map. Meridian and Baselines, Range and township lines
The lot and black method is the standard method for describing downs and cities. - Map
showing lots and blocks in the subdivision is called a plat or a plat map.
A developer building on vacant land within city limits will describe the properties he
builds using the - CORRECT ANSWER-Lot and block method
government survey system - CORRECT ANSWER-Also called the rectangular survey
system. Made up on range ( 6 miles Sections parallel to the Meridian Line) and
township (Parallel to the base line in 6 mile sections) turning each intersection range
and townships into section.
Subjacent Support - CORRECT ANSWER-The support that the surface of a piece of
land receives from the land beneath it.
Lateral Support - CORRECT ANSWER-The support that piece of land receives from the
land adjacent to it. Compare Subjacent Support.
Personalty - CORRECT ANSWER-Personal, movable property
Chattels - CORRECT ANSWER-Personal Property other than real estate
Appurtences - CORRECT ANSWER-Air rights
Water rights
Mineral rights
Support rights
Fixtures - CORRECT ANSWER-In a real estate transaction, items that are legally
considered fixtures—part of the real property—will pass to the buyer by deed, unless
the parties specifically agree to exclude them from the sale.
emblements - CORRECT ANSWER-In the common law, emblements are annual crops
produced by cultivation legally belonging to the tenant with the implied right for its
harvest, and are treated as the tenant's property.
4 Tests in determining whether something is attached to the property or not in the court
of law - CORRECT ANSWER-Method of attachment test
Adaptation test
Intention test
Relationship test
Method of attachment test - CORRECT ANSWER-The first test of whether or not an
item is a fixture is the method of attachment test. Is the item attached to the realty in
some way, and if so, how?
Adaptation test - CORRECT ANSWER-With the adaptation test, the question is whether
the item has been specially adapted to the realty in some way, or was specially
designed for it.
Such as the pews in the church will be considered as fixtures even thought they are not
attached to the floor in anyway
Intention test - CORRECT ANSWER-The intention test carries a lot of weight in a
lawsuit.
It refers to the original intention of the person who installed the item that's now in
dispute.
The judge will look for evidence indicating whether the item was installed with the
intention of making it a permanent part of the structure.
If so, the judge will usually rule that the item is a fixture.
Relationship test - CORRECT ANSWER-The relationship test can be seen as another
way of establishing the intention of the person who installed the item, or arranged to
have it installed. It refers to that person's relationship to the real property at the time of
the installation.
Did he own the property, or was he just a tenant?
Under the relationship test, it's assumed that tenants intend to take their belongings with
them when they move, even if the items were attached to the realty during the tenancy.
trade fixtures - CORRECT ANSWER-Equipment and other items that a commercial
tenant installs to carry on a business
, But even though they're called fixtures, trade fixtures aren't considered part of the real
property, no matter how they're attached.
Fixtures vs Personal Property - CORRECT ANSWER-In a real estate transaction, items
that are legally considered fixtures—part of the real property—will pass to the buyer by
deed, unless the parties specifically agree to exclude them from the sale.
The items that are legally classified as personal property aren't part of the real estate,
so the deed won't automatically transfer their ownership to the buyer.
3 methods of legal description - CORRECT ANSWER-Metes and Bounds - Local.
Describes the property location in the location itself
Government Survey method - Used to identify the location of the property in reference
to the united states survey map. Meridian and Baselines, Range and township lines
The lot and black method is the standard method for describing downs and cities. - Map
showing lots and blocks in the subdivision is called a plat or a plat map.
A developer building on vacant land within city limits will describe the properties he
builds using the - CORRECT ANSWER-Lot and block method
government survey system - CORRECT ANSWER-Also called the rectangular survey
system. Made up on range ( 6 miles Sections parallel to the Meridian Line) and
township (Parallel to the base line in 6 mile sections) turning each intersection range
and townships into section.
Subjacent Support - CORRECT ANSWER-The support that the surface of a piece of
land receives from the land beneath it.
Lateral Support - CORRECT ANSWER-The support that piece of land receives from the
land adjacent to it. Compare Subjacent Support.
Personalty - CORRECT ANSWER-Personal, movable property
Chattels - CORRECT ANSWER-Personal Property other than real estate
Appurtences - CORRECT ANSWER-Air rights
Water rights
Mineral rights
Support rights
Fixtures - CORRECT ANSWER-In a real estate transaction, items that are legally
considered fixtures—part of the real property—will pass to the buyer by deed, unless
the parties specifically agree to exclude them from the sale.
