DEEPC/MARIA/Appurtenances/Fixtures

Question 1

What are Bundle of Rights?

Answer 1

DEEPC

Disposition
Exclusion
Enjoyment
Possession
Control

Question 2

PETE?

Answer 2

Government Rights: gov’t may impose certain limitations on ownership. The FOUR gov’t authority rights:

Police power
Eminent Domain
Taxation
Escheat

Question 3

Conversion:
The process of changing real property to personal property or personal property to real.
Severance?
Annexation?

Answer 3

Severance: converting real prop to person prop by detaching from the land

Annexation: converting personal prop to real property by attaching to land

Question 4

MARIA?

Answer 4

The legal test used to determine if an item is a fixture
M. method of attachment. How permanent is the method?
A. agreement of the parties.
R. relationship to the parties. Is the item needed for the health and welfare of the property owner? Are the parties a landlord or tenant?
I. intent. What was the intent of the annexor? Was the intent for personal use or to improve the real property?
A. adaptation. What is the items purpose? Is the purpose of personal use or to improve the real property?
**Cost is never a factor when determining if an item is a fixture

Question 5

Remember Fixtures=MARIA
Fixture is an item, which was once personal property, that has been permanently attached to and has become real property. Characteristics of personal property.

Answer 5

Method of attachment
Agreement of the parties
Relationship to the parties
Intent
Adaptation

Question 6

Remember Appurtenances=Bundle of Rights
What are the Bundle of Rights?

Answer 6

DEEPC
Disposition
Exclusion
Enjoyment
Possession
Control

Question 7

Land may decrease or increase due to:
Erosion?
Avulsion?
Accretion?

Answer 7

Erosion: gradual wearing away of the soil

Avulsion: sudden seperation of land due to natural causes

Accretion: increase of land due to natural causes

Question 8

Government Rights?

Answer 8

PETE:

Police Power: right to enact and enforce laws for the health, safet, and welfare of the public. ex: zoning laws, health codes, and building codes. *without compensation

Eminent Domain: the** right to take ownership of private property ** for public use with just compensation paid. *In AZ, before beginning a court action for condemnation, the property owner must be given at least 20 days prior notice of pending litigation that includes: a written offer to purchase for just compensation and an appraisal supporting the amount of compensation

Taxation: Real property taxes are charges against property to bear the cost of municipal functions such as schools, police and fire dept, libraries, etc.

Escheat: Reversion of property to the state *owner dying intestate and with no known heirs