Clusters Flashcards
How do you determine whether or not something is a fixture?
Method of attachment
Adaptability
Relationship of the parties
Intent
Agreement
MARIA-M
Method of attachment
MARIA-A
Adaptability / agreement
MARIA-R
Relationship of the parties
MARIA-I
Intent
What are the 3 Methods of annexation?
Close association
Adoption
Agreement
What is close association?
Conceptual linkage to real property (e.g. garage door opener remote)
What is agreement? (Annexation)
Parties agree contractually that personal property will remain
What is adoption? (Annexation)
Customization of personal property for use with real property (e.g. customized drapes for specialized windows)
What characteristics separate land from personal property?
Indestructibility
Immobility
Non-homogeneity
What is Non-homogeneity?
Every piece of land is unique
What natural factors affect the physical characteristics of land?
Accession
Accretion
Erosion
Reliction
Avulsion
What is accession?
The right to all that your property produces—usually referring to crops
What is accretion?
Process that results in gradual increase in land area through soil deposits by natural forces
What is reliction?
Gradual increase in land area when water gradually withdraws