Fixtures, Zoning, and Associations

Question 1

Fixture

Answer 1

• chattel that is so affixed to land that it has become part of the realty — passes with ownership of land and stays put
• DAMN
  ~ Damage removal would cause
  ~ Adaptation of item to realty
  ~ Manner in which it’s attached; and
  ~ Nature of item

Trade fixtures are NOT FIXTURES

Question 2

Zoning

Answer 2

• variace: variance from ordinance may be granted if the property owner shoes he has a unique hardship
• preexisting uses: many zoning ordinances protect a preexisting use but as soon as property is sold to a new party, the preexisting use no longer protected

Question 3

Property associations

Answer 3

• owners of lots agree to contribute to support of common property
• creation = master deed + privity between original purchases and the developer
• restrictions generally carry presumption of reasonableness