and steel manufacturers, to name just a few examples.

Real Property Flashcards What is are the types of real property?ResidentialCommercialIndustrialMixed UseAgriculturalSpecial Purpose What is Industrial Real Estate?This category may contain oil refineries, ports, warehouses, distribution centers, chemical plants, plastics manufacturers, airports, food and beverage processors, and steel manufacturers, to name just a few examples.What is Special-Purpose Real Estate?Special use property includes churches, other places of worship, schools and colleges, cemeteries (attached to churches or free standing), and certain government-held properties.What is Commercial Real Estate?Commercial real estate is real property that is used or intended to be used specifically for business purposes and is purchased or leased to provide workspace rather than living space. The types can range from a coffee drive-through to a mega-shopping mall. Commercial real estate includes all forms of retailers, office buildings, hotels and motels, strip malls, corner stores, big box stores, resorts, public parking facilities, restaurants, and supermarkets What is Mixed-Use Real Estate?This category is any lawful combination of the previously mentioned categories which are permitted by local zoning (if there is a question regarding permitted uses, always consult the local jurisdiction or municipality for their zoning regulations).One feature of a mixed use property zone is the existence of master mixed-use property owner associations. Similar to homeowners associations, master mixed-use associations can implement their own restrictive covenants pursuant to Texas Property Code Title 11,

Chapter 215. That code states:

What are the five tests to determine Fixtures? Since no clear line can be drawn between what is and what is not a fixture, there are five tests which work to alleviate

confusion:(1) manner of attachmenthow is the object

attached? The permanency of the method of attachment is a factor in determining if something is a fixture. Usually this involves looking at if, and how, the item is nailed, glued, fastened, or otherwise affixed to the ground or structure.For example, fence posts are personal property when they are on a delivery truck; they are movable and therefore personal property. But once the fence posts are cemented into post holes, they become part of the land.Similarly, concrete, pipes, wiring, doors, toilets, fireplaces, and other

construction materials change from personal property to real property once they become part of a building. Objects brought onto the property that do not become permanently affixed to the land and structures are not fixtures; they are still considered personal property. Furniture, clothing, cooking, tools, and TVs are all personal property.(2) adaptation of the objectwhen figuring out if an object is a fixture, ask yourself if the object can be reasonably separated from the real property without interfering with the function of the property or the object. What we are looking

at here is: how adaptable the property is to losing the

object-and how adaptable the object is to separation from the property. A common misunderstanding crops up between kitchen ranges and range hoods. Kitchen ranges are often made to drop into a specific space, but aren't always affixed to a home's structure, and may arguably be utilized for another residence. This means kitchen ranges are personal property, while the range hood, on the other hand, is usually screwed into a home's structure, making it a fixture.(3) intention of the installerdid the person installing the object intend for the installation to be permanent? The intention is usually deduced from the circumstances-not from what a person might say later about what her intention was. If a person installed solar panels on the roof of her home, the law will presume she intended them as fixtures because the installation was intended to benefit the house.She would not be allowed to remove the solar panels when she sold the house by claiming that she had not intended to make them a fixture. If she bought a new screen door, however, and kept the old screen door in storage, then reinstalled the old screen door when she moved out, it is arguable that she had never intended for the new screen door to become a fixture.(4) existence of an agreementwas there an agreement in the purchase contract that defines which items were included in the transfer of the property?Any attached objects identified by this kind of agreement will usually be classified as fixtures.A seller can clarify in advance and in writing to a broker documenting "exclusions to the listing" on the listing agreement, exactly which items the seller considers personal property (and will remove from the property), and what the seller does not consider personal property (and thus transfers to the buyer).(5) relationship of the parties.A final test as to whether an object has become a fixture looks at the relationship between interested parties. For example, a supermarket

moves into a rented building and then bolts various trade fixtures to the floor. Modern courts rule that tenant-owned trade fixtures, like meat and dairy coolers, frozen food shelves, and checkout stands, do not become property of the building owner.These trade fixtures, however, must be removed without seriously damaging the building before the lease expiration. Attached objects that are not removed from the property in a timely manner after the property is vacated often become fixtures of the property, despite the desire of the party who originally installed the object. In general, tenants' and buyers' definitions of what is and is not a fixture will usually be favored over the opinion of landlords and sellers.What is Real Property?"n. 1) all land, structures, firmly attached and integrated equipment (such as light fixtures or a well pump), anything growing on the land, and all "interests" in the property which may be the right to future ownership (remainder), right to occupy for a period of time (tenancy or life estate) the right to drill for oil, the right to get the property back (a reversion) if it is no longer used for its current purpose (such as use for a hospital, school or city hall), use of airspace (condominium) or an easement across another's property. Real property should be thought of as a group of rights like a bundle of sticks which can be divided. It is

distinguished from the other type of property, personal property, which is made up of movable items. 2) one of the principal areas of law like contracts, negligence, probate, family law and criminal law." What is Residential Real Estate?This category includes all properties used for housing and can be a house on a city lot all the way to a ranch on acreage, single-family and multi-family, and in all areas of the state, urban, suburban, and rural.12 USCS § 1464 (A) defines residential real property or residential real estate to mean "leaseholds, homes (including condominiums and cooperatives, except that in connection with loans on individual cooperative units, such loans shall be adequately secured as defined by the Director) and, combinations of homes or dwelling units and business property, involving