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Unformatted text preview: ii. DETERMINANTS 1. Physical relationship to land or building 2. Intention of person who attached the item 3. Purpose the item serves in relation to the land and in relation to person who brought it there 4. Interest of person in building or land at time of items attachment iii. Can object be removed without causing material injury to land?? 1. If it CANNOT be removed object has become realty or real property 2. If affixed but CAN be removed court will let removal take place iv. Landlord and tenant- tenant may remove trade fixtures-item used inc connection with a trade but not intended to become part of realty Take note I. 4 Form of personal property A. Tangible, intangible, intellectual property, severed real property-something used to be attached but is now detached B. REAL vs. Personal i. Start with assumption real then examine list of requirements...
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- Fall '07