Real vs. Personal Property Practice Flashcards

This set of vocabulary flashcards covers the distinctions between real and personal property, methods of conveyance, fixture classification, and the MARIA mnemonic device based on lecture notes.

Real Property

Land plus permanent improvements (real estate) which is conveyed by deed.

Personal Property

An unattached, moveable asset not considered real estate that is conveyed by a bill of sale or bequest.

Chattel

A commonly used term for personal property in the world of real estate.

In Writing

Information included in an official, printed, signed, bona fide contract.

Fructus Naturales

Trees, long-term decorative plantings (like perennial landscape plants), and uncultivated plants usually considered to be real property.

Fructus Industriales

Also called emblements, these are annually cultivated crops generally considered to be personal property.

Fixture

An object that was once personal property but is now firmly attached to the land in such a way that it is considered to be real property.

Affixation

The process of creating a fixture by turning personal property into real property; also known as annexation.

Close Association

A conceptual linkage to real property, such as a garage door opener being linked to the garage door.

Adoption

The customization of personal property for use with real property, such as custom drapes cut to fit specific windows.

Agreement

When the parties to a contract agree that personal property will remain with the real property.

Trade Fixtures

Fixtures owned by and needed for a tenant's business, such as shelves or display cases, which the tenant can usually take when they leave.

Severance

The act of converting real property into personal property, such as removing a chandelier or picking berries from a bush.

MARIA

A mnemonic device representing the five tests to determine if something is a fixture: Method of attachment, Adaptability, Relationship of the parties, Intent, and Agreement.

Method of Attachment

A fixture test referring to how the item is installed and whether its removal would damage the home.

Adaptability

A fixture test referring to items specifically adapted to the home or integral to its operation, like custom shades or a specially sized door.

Relationship of the Parties

A fixture test referring to landlord-tenant relationships, specifically regarding items installed by commercial tenants for business use.

Intent

A fixture test referring to the intention the homeowner had regarding permanence when they installed the item.

Agreement Between the Parties

A fixture test where the written contract specifies whether an item is considered real or personal property.