Property in sale of land vegetation passes to the

property
○ In sale of land, vegetation passes to the buyer unless expressly excluded from
the sale
○ When vegetation is sold by itself, it is considered a sale of personal property

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● Fixtures
○ An item that was personal property but has been attached to the land (or another
fixture) in a relatively permanent fashion
○ Real property, title of them passes to buyer unless explicitly said in sale
○ When a landowner removes a fixture from the sol or form the building to which it
was attached then sells the item BY ITSELF, it is considered a sale of
PERSONAL PROPERTY rather than real property
○ Attachement
■ Is a fixture if it is attached to the building in such a manner than it cannot
be removed without damage to the building
■ Ex: shingles, built in cabinets
○ Specialized Use
■ Considered a fixture if it was specially made or altered for installation in a
particular building
■ Ex: drapes made for an odd sized window, a neon sign made for
particular business premises
○ Custom
■ Local custom sometimes (in some parts of the country it is customary for
houses to be sold with refrigerators)
● Interests in Real Property
○ Freehold Estate
■ Life Estate: an interest in real property, the duration of which is measured
by the life of some designated person
● Person entitled to ownership after termination of a life estate owns
a future interest
● Life owner has right to normal use of the property. Cannot do
anything that will permanently damage the property and thus harm
the owner of future interest
● Not responsible for damage to property caused by accidents, third
parties or otherwise without the life tenant’s fault
● Has to pay taxes
■ Fee Simple Defeasible: a fee simple expect it is subject to termination
(ownership is not absolute)
● Ex: terms of conveyance from owner A to owner B may state B’s
ownership will continue only if the land is used for recreational
purposes
■ Fee Simple: when a person has complete ownership of real property
● Most important type
● 1. Ownership is of unlimited duration
● 2. The owner is free to do whatever he or she chooses with the
property so long as the owner abides by the law and does not
interfere with the rights of adjoining landowners
○ Nonfreehold Estate

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■ Lease of real property in which the owner grants to another the
temporary right to possess the property in return for the payment of rent
● Nonpossessory Interests
○ Easements
■ Right to make some limited use of another’s real property without taking
possession of it. Aka right to do a specific thing on another’s land
■ When land is sold, the purchaser must continue to recognize the
easement if he knew or should have known about its existence (still
required if easement was recorded)
■ Easement appurtenant: created specifically for the use in connection with
another tract of land.