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Legal characteristics of personal property and real property

Summarize the legal characteristics of personal property, real property, and bailments.

Eve and Frank own twenty acres of land on which there is a warehouse surrounded by a fence. What is the most important factor in determining whether the fence is a fixture?

The most important factor in determining whether an item is a fixture is the intent of the owners. Other factors include whether the item can be removed without damaging the real property, and whether the item is sufficiently adapted so as to have become a part of the real property. If removal would irreparably damage the property, the item may also be considered a fixture.

Sam owns an acre of land on Red River. The government dams the river. A lake forms behind the dam, covering Sam's land. Does the government owe Sam anything? If so, what? If not, why?

The government can take private property for public use (a "taking"), but it cannot do so, under the Fifth Amendment to the Constitution, without paying the property owner just compensation. In some cases, to obtain title, a condemnation proceeding is brought before the property is taken. In a separate proceeding, a court determines the property's fair value (usually market. value) to be paid to the owner.

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Summarize the legal characteristics of personal property, real property, and bailments.

Eve and Frank own twenty acres of land on which there is a warehouse surrounded by a fence. What is the most important factor in determining whether the fence is a fixture?

The most important factor in determining whether an item is a fixture is the intent of the owners. In this case, the item that was attached to the property is a fence. If the main intent of the owners was to install the fence to be a temporary housing around the building, in which no solid actions were made to install the fence posts into the ground by way of concrete, the fence can be argued as a chattel, which is not a fixture of the property. Other factors include whether the item can be removed without damaging the real property, and whether the item is sufficiently adapted so as to have become a part of the real ...

Solution Summary

Summarize the legal characteristics of personal property, real property, and bailments.

Eve and Frank own twenty acres of land on which there is a warehouse surrounded by a fence. What is the most important factor in determining whether the fence is a fixture?

The most important factor in determining whether an item is a fixture is the intent of the owners. Other factors include whether the item can be removed without damaging the real property, and whether the item is sufficiently adapted so as to have become a part of the real property. If removal would irreparably damage the property, the item may also be considered a fixture.

Sam owns an acre of land on Red River. The government dams the river. A lake forms behind the dam, covering Sam's land. Does the government owe Sam anything? If so, what? If not, why?

The government can take private property for public use (a "taking"), but it cannot do so, under the Fifth Amendment to the Constitution, without paying the property owner just compensation. In some cases, to obtain title, a condemnation proceeding is brought before the property is taken. In a separate proceeding, a court determines the property's fair value (usually market. value) to be paid to the owner.

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