Aceable level 2 chapter 2 Flashcards DeedA deed, on the other hand, is a written instrument used specifically to transfer real estate, which the owner (sometimes called the grantor) uses to convey ownership in real property to the buyer (or grantee).Trade FixturesTrade fixtures are different from other fixtures in that the tenant can usually take trade fixtures with them when they leave. A trade fixture is personal property that is owned by and needed for a tenant's business. (For example, shelves that a store owner attaches to the wall when leasing a storefront in a strip mall.) It is not subject to the same rules of transfer as fixtures in general.trade fixtures are property
of the tenant.Examples of trade fixtures include:Check-out
standsCoolersDisplay shelvesDisplay racksDesks FixturesA fixture is a chattel bound to real estate and refers to an object that was once personal property, but which has now been permanently attached to the land in such a way that it
becomes part of the real estateAffixing: The most common
way to turn personal property into real property is by affixing the object(s) to the real estate. Some more
examples of fixtures are:ElevatorsCentral air conditioning
unitsGarage door openersCeiling fans Annexationthe way the item is annexed, or attached, to the land.removal of which generally involves a great deal of effort and can require professional assistance because of its permanent nature.e.g. a grill on wheels is personal property, while a grill that has been cemented into the patio is a fixture Damage caused by fixturesFor fixtures in a home, as well as for trade fixtures, a secondary consideration is how much damage would be caused by moving the item.For example, a large oven may have been installed in a restaurant. If it was built into a wall such that removing it would cause damage to the wall, it could be considered a fixture, even if used for business.Fructus NaturalesPlants that do not require annual cultivation and are considered real property.Trees, bushes, and grasses that do NOT require annual cultivation are real estate; they convey with the sale of the property.IntentionIntention is inferred from the nature of the item and blends annexation and adaptation.we can look at how the item is attached and the way in which it has been modified to suit its purpose or role for that specific property. After looking at
these things, we can often infer whether the item was intended to be a fixture or personal propertySuppose a larger pipe had been mounted into the cement in the ground and the pipe to which the grill was attached slid into the larger pipe. It could be argued then that the intent was to remove the grill. Therefore, the grill and the smaller pipe would be considered to be personal property and not a fixture. The only part that would be a fixture would be the larger pipe that is mounted into the cement.Figuring Out Who Owns a Property's Mineral Rights There are two main ways to discover who owns a particular property's mineral rights. Here in Texas, there is a type of professional known as a landman. Landmen search for
property owners that have possession of their mineral rights in an attempt to obtain a lease on those rights that can be passed on to oil or gas companies.So, one way to find out who currently owns the mineral rights would be for the seller or the buyer to hire a landman to help with a records searchAnother way to learn who has the mineral rights is to hire an oil and gas attorney who can research the issue and figure out the ownership situation.Manufactured (Mobile) HomesManufactured homes are, for the most part, movable.Therefore, manufactured homes fall into the personal
property category. However, if a manufactured home is sold in conjunction with a parcel of land or is permanently attached, then it may be considered real estate.In some states, such as Texas, in order to be considered real property, the home must be connected to utilities and permanently attached to land the owner of the home also owns.Texas requires mobile and manufactured homes to be classified as real property if they are affixed to a permanent foundation.