Barney Fletcher Cram Notes
Booklet Questions and Answers
(100% Pass)
deed
✓ the instrument used to transfer real property
Title
✓ Ownership and the owner's rights
Real Estate
✓ Land + improvements (appertenances)
Physical Characteristics of Land
✓ 1. Immovable
✓ 2. Indestructable
✓ 3. Non-Homogenous (unique)
Economic Characteristics of Land
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✓ 1) Situs 2) Improvements
✓ 3) Fixed Investment 4) Scarcity
Personal Property
✓ anything that is not real property; Chattel
Severance
✓ Remove from the land
✓ Make real property into personal property
Fixture
✓ Tests MIAA
✓ 1. Method of attachement
✓ 2. Intention of attaching party
✓ 3. Adaptation to the article
✓ 4. Agreement (seller's disclosure statement best to use altho not law)
Trade Fixtures
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✓ Personal property used in a business and can be removed by the
lessee when the lease terminates.
Emblements
✓ Crops/
✓ Fructus Industriales: Real Property (tree, shrub)
✓ Fructus Naturalus: Personal Property, not part of land
Severalty
✓ Personal, sole ownership; can be corprate
Concurrent Ownership
✓ Ownership by two or more persons at the same time
4 Types of Concurrent Ownership
✓ 1. Tenancy In Common
✓ 2. Joint Tenancy
✓ 3. Tenancy by Entireties
✓ 4. Community Property
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Test for Tenancy (TTiP)
✓ T: Time parties take possession
✓ T: Title (who is on the deed)
✓ I: Interest (equal or unequal)
✓ P: Possession:
Tenancy in Common
✓ T: Parties DO NOT take possession at same time
✓ T: Separate Deeds
✓ I: May be unequal
✓ P: Undivided Interest
✓ Inheritable
Joint Tenancy
Master01 | October, 2024/2025 | Latest update