property In sale of land vegetation passes to the buyer unless expressly

Property in sale of land vegetation passes to the

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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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31 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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32 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.
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