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11 Cards in this Set

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  • Back
Intro Card
What are the two possible situations on the exam?
1. Owner installs an appliance on the property, then contracts to sell property and doesn't mention appliance in K. Can O remove and keep appliance before closing.
2. T installs same kind of chattel on property. Can T remove and take chattel at end of lease?
Rule on attached fixture?
If the attached item becomes a fixture, then the chattel can't be removed by either seller or tenant.
How to determine if something is a fixture?
INTENT. Did the one doing the installing intend that the item stay with the real property as a fixture.
If there's an agreement regarding the matter, that will control. If not, what 4 facts to look at?
1. Degree of attachment
2. General custom
3. Degree of harm
4. Trade fixtures
Degree of attachment?
The more that has to be done to attach it to the property, the more likely the intent was that it stay.
General custom?
Is this the type of thing that sellers or tenants normally take when they leave?
Degree of harm?
Look at the degree of harm to the premises on removal.
Ts are favored-if T can remove the item w/o substantial damage to premises, courts allow an inference that there was no intent that the item was a fixture.
Trade fixtures?
These are chattels used in a trade or business. They are NOT fixtures.
What is the rule on washers and dryers?
They are never fixtures. Ts can always take them when they go. Sellers can keep them upon sale.
When can a chattel be removed?
1. If T can remove the chattel, it must be removed before end of lease
2. If O can remove the chattel, it must be removed before closing.