Real and Personal Property Distinctions

Question 1

General Distinction between Real and Personal Property

Answer 1

Real property is immovable and consists of land and fixtures

Personal Property is movable and is anything that is not real property

Question 2

Leaseholds

Answer 2

Leases of land for a term of years are classified as personal property (chattels)

Question 3

Crops

Answer 3

Crops that grow spontaneously on land are real property

Crops that grow as the result of human labor are personal property (generally)

Question 4

Conveyance

Answer 4

A conveyance of land includes annual crops

Question 5

Mortgage

Answer 5

Prior mortgage whether of the land or crops will prevail over any subsequent mortgage of land or crops

Question 6

Doctrine of Emblements

Answer 6

A former tenant can reenter and remove crops planted by him prior to the termination of his estate where :

1. the tenancy was for an uncertain duration AND
2. the tenancy terminated without the tenant’s fault

Question 7

Fixtures

Answer 7

A chattel annexed to real property is converted from personal to realty

Look to the intent to make it permanent