when does personal property become real property by the manner of affixation to the ground?

Question

I.e. a hanger assessed as personal property that was transported to the aitrport but attached by cemenet and anchor bolts such that the structure is essentially permanent - can this affixation make the hanger become real property as opposed to remaining personal property

Answer 1

Generally, one a structure is attached to real property by some durable means, it is considered a real property fixture.

There are several factors, which vary by state, as well as some rule adopted by most states in Article IX of the Uniform Commercial Code.

But the primary factors are the intent of the person affixing the structure, how much the structure was custom-made for that place or installation, and how much damage would be done to the underlying property if the structure was removed.

In the example above, the intent is a big element, as well as how much the cement and anchor bolts were custom fit to the hangar. If the hangar is a standard off-the-shelf structure that could be purchased anywhere, that makes it less likely to be considered a fixture than if it (or the cement attachments) were specifically designed for that hangar. Finally, if the hangar could be removed simply by loosening a few bolts/nuts, that would also tend to make it less of a fixture, compared to more permanent attachment.

An attorney could do a more detailed analysis, applying the actual laws and case precedents that are in effect for the target state.

Answer 2

Anthing that is affixed to a building or the ground in such a way that its removal will physically harm the ground or the building is probably considered to have become real property or fixtures (which are a type of real property).

The laws that determine this are state laws, so find out what the law is in your state.

Answer 3

In Texas any structure/fixture that is permanently attached to the ground is considered Real Property. Even a MOBILE home can be considered Real Property if you remove the wheels and/or axles thereby making it permanent.
Contact a Real Estate Attorney or the governing Real Estate Commission in your state to be sure of their guidelines/definitions for Real Property.

Answer 4

cops might legally trespass on your sources to an identical quantity that any one else can. working example, in case you haven't any longer have been given any "No Trespassing" signs and indicators with the help of your front backyard, you could no longer rather prosecute every person for basically strolling there, and you may't win a case if the police gain this. Now, enable's say one steps onto your front backyard, and you announce, "Officer, I cost my sources and my privateness. you're trespassing on my sources and that i call for which you circulate away." At that factor, if he has no reason to be there, LEGALLY, he has to circulate away. In prepare, many won't gain this, with the aid of fact it may be unusual for a prosecutor to document trespassing quotes agains the cop, and cops comprehend this. yet at this factor, there is not any criminal foundation for the cop to be there. What if he does have a reason to be there? That reason frequently pertains to a minimum of certainly one of two issues...a warrant issued with the help of a court docket to habit some interest, consisting of seek for some element or arrest some individual. And if he does not have a warrant? this is a few thing called "Exigent circumstances", which surely skill that there is an emergency, the two somebody being injury or killed, or evidence being destroyed, and so on. Exigent circumstances enables cops to cut back for the time of your front backyard in the event that they're chasing a financial employer robber taking walks, working example. Exigent circumstances might enable a cop to look on your storage shed, or maybe come into your place without a warrant, however the cop ought to have a bona fide perception that somebody would be harmed or evidence destroyed if he does not enter the valuables precise now. A financial employer robber with a gun and a sack of money who disappears around the corner of your place can bring about Exigent circumstances. in spite of the fact that, if a cop learns that 2 days in the past, a financial employer robber entered your place with a sack of loot and left without it, Exigent circumstances now no longer exist. He ought to get a warrant to legally enter and seek for the loot. while cops violate those rules and illegally enter sources, they're hardly prosecuted. what's a lot much less complicated is they gain this, grab evidence of a criminal offense, and that evidence is then thrown out with the aid of fact the police did no longer lawfully acquire it. of direction, in case you provide your permission (consent) for them to circulate into your sources, they might gain this in any condition.

Answer 5

Generally never

Answer 6

when it can not be removed without doing damage or irreperalble harm.

Answer 7

What?