Understanding Land, Property Rights, and Improvements

Land

Surface of Earth extending to infinity, includes natural resources.

Surface Rights

Owner's rights to develop and use surface resources.

Improvements

Permanent man-made additions to land, included in sale.

Personal Property

Temporary or movable items, not real property.

Bill of Sale

Document transferring personal property with real estate.

Fixtures

Items attached to real property, usually included in sale.

Severance

Detaching fixtures to convert them to personal property.

Emblements

Annual crops considered personal property, harvested by owner.

Natural Resources

Elements like trees, crops, and water on land.

Real Property

Land and everything permanently attached to it.

Chattel

Another term for personal property or movable items.

Intention Test

Determines if an item is a fixture based on purpose.

Examples of Improvements

Buildings, fences, roads, and landscaping added to land.

Relationship of Parties

Influences intention regarding fixtures and property attachment.

Permanent Addition

Man-made structures that become part of the land.

Land Transfer

Includes improvements unless expressly excluded in the deed.

Court Consideration

Judges intention and relationship when deciding property status.

Crops and Labor

Annual crops produced are classified as emblements.

Real Estate Deed

Legal document transferring ownership of real property.

Property Rights

Legal entitlements associated with ownership of land.

Land Ownership

Includes rights to surface and subsurface resources.