英美法律制度_property.pptVIP

 Anglo-American Legal System: Chapter V Personal Property Definition Property law is about relationships among people with respect to valuable resources. Classification of property Real property, realty, real estate, immovables Personal property, personalty, movables, chattel tangible intangible FIXTURES Certain personal property can become so closely associated with the real property to which it is attached that the law views it as real property. Such property is known as a fixture—a thing affixed to realty. A thing is affixed to realty when it is attached it by roots; embedded in it; or permanently attached by means of cement, plaster, bolts, nails, or screws. The fixture can be physically attached to real property, or attached to another fixture; it can even be an item, such as a statue, that is not physically attached to the land, as long as the owner intends the property to be a fixture. Fixtures are included in the sale of land if the sales contract does not provide otherwise. The sale of a house includes the land and the house and garage on it, as well as the cabinets, plumbing, and windows. Because these are permanently affixed to the property, they are considered to be a part of it. Unless otherwise agreed, however, the curtains and throw rugs are not included. Items such as drapes and window-unit air conditioners are difficult to classify. Thus, a contract for the sale of a house or commercial realty should indicate which items of this sort are included in the sale. The Role Of Intent To determine whether or not a certain item is a fixture, the intention of the party who placed the property must be examined. If the facts indicate that the person intended the item to be a fixture, then it will be a fixture. When the intent of the party who placed the fixture on the realty is in dispute, the courts usually determine the intent based on either or both of the following factors: 1. If the property attached cannot be removed w