Roger owned a piece of land. He moved a mobile home onto this land. The home was
ID: 454486 • Letter: R
Question
Roger owned a piece of land. He moved a mobile home onto this land. The home was set on a concrete slab. The wheels and axles were removed from it, and it was tied down to the slab with wires. The home was hooked up to the city sewer and power lines. The value of the mobile home was about $10,000 and the value of the land was about $5,000. The land had 3 beautiful 100-year old oak trees and a crop of vegetables. The mobile home had a refrigerator, hardwood floors, a built-in china cabinet, and ceiling fans. Later, Roger sold the land to Joy for $15,000. Roger now claims that the mobile home is personal property that does not go with the land. He also claims that the oak trees and crops (both harvested and non-harvested) were not included. He also states that if the mobile home was included, he has the right to the refrigerator, hardwood floors, china cabinet and ceiling fans. Joy claims that the mobile home is now a fixture and that the trees and crops are real property. Joy also stated that she is entitled to the floors, refrigerator, china cabinet and fans. The mobile home could be removed from the land, but it would cause significant damage to the home. Describe the factors in general that are used to determine when personal property becomes a fixture to realty and apply those factors to determine what Joy is entitled to.Explanation / Answer
A fixture can be considered as a part of the property or land when it is permanaently attached. Anything that is fixed can be considered as a real property. But in the above case the home is being hung by a ropes and not permanaently fixed. So they are not a real property and the items in it are not a real property. However the trees and crops are permanantlly fixes and is a part of land property hence it counts for real property.
Mobile home-personal proeprty-Roger
Trees , crops- real proeprty-joy
Floors-real property-joy
china , refrigerator, ceiling fans- personal proeprty- Roger.
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