1) Land plus appurtenances (such as the rights, privileges, and improvements that belong to, and pass with, the transfer of property)
2) Man-made appurtenances (such as houses, fences, barns, and swimming pools - in other words, items that have been "added" to the real estate)
3) Natural appurtenances(things like trees, creeks, and streams)
4) Air rights, gas rights, solar rights, light and sound rights, mineral rights, and surface rights( Air, surface and subsurface rights can each be sold or not sold separately) ( 5) Water rights (such as littoral and riparian rights, and prior appropriation)
You sell the entire bundle of rights - "I own it and I have the right to sell it."
To sell, lease or demise (means to lease)
encumber (means to borrow against ), use, enjoy,
exclude (means no trespassing), will or devise (means to will ), occupy, cultivate, exchange is a deferral of capital gain, explore, license (means to give others permission to use) dedicate for streets, schools, and parks, etc.,share
- Method of Attachment (or Annexation) - How the item is attached to the property (a window air-conditioner (personal) vs. a central air conditioning unit (appurtenance).
- Adaptability - A microwave oven that is "built in" vs. a microwave that simply sits on a kitchen counter. If an item is well adapted, then it is likely to be considered a fixture.
- Relationship of parties - If a tenant installs a fixture in order to conduct business, the fixture may be considered a trade fixture, which is the tenant's personal property. For example, if you own an ice cream store, and you install freezers to keep the ice cream cold, they are trade fixtures, and you could remove them upon the expiration of a lease. If you do not take them by lease expiration, they become the property of the landlord. Sale or lease contract provisions. In a sale or lease transaction, the listing of an item in the contract as a personal property item or a fixture overrides all other considerations. Unless otherwise stated as exceptions, all fixtures are included in the sale. For example, if a sale contract stipulates that the attached carpeting is not included in the sale, it becomes a personal property item. If the carpeting is not mentioned, it would stay with the property, since it is attached to the floor of the building.
- Intent of the parties - When an owner installs a ceiling fan it is assumed that it is appurtenant to the property and transfers to the buyer. It is important that real estate agents write into the offer (made by the buyer) items that may lead to misunderstandings.
- Agreement between the parties involved as to the nature of the property affixed to the land. If there is a clear agreement, the status of the attached item is not likely to be an issue.