Real Property Flashcards
Test of a fixture
Method of attachment - how permanent?
Adaptability to lands ordinary use - is it uniquely adapted to use with specific property
Relationship of the parties - generally courts favor tenants or buyers
Intentionality in placement - what is presumed intent at install?
Agreement of the parties - have the parties agreed on whether it is real or personal?
Cultivated crops
Emblements (fructus industriales)
Seperation from real property
Severance
Acquiring fixture if not removed
Accession
Law based on historical precedent
Common law
Rights governed by law
Statutory rights
Rights to a body of moving water
Riparian rights
Rights to a body of navigable static water
Littoral rights
Littoral land ownership
Own land up to average high water mark
Water rights are appurtenances
Doctrine of prior appplropriation
Water rights controlled by the state
Accretion
Expansion of land by soil deposition
Reliction
Expansion of land by receding water line
Erosion
Loss of land by gradual wearing by nature
Avulsion
Loss of land by sudden natural event
