Real Property vs. Personal Property

Real property is land and anything permanently attached to it. Personal property is everything else.

Real property includes:

Land (surface, subsurface, airspace)

Buildings and structures

Fixtures (items permanently attached)

Natural attachments (trees, crops that are not harvested)

Personal property includes:

Furniture, appliances not built-in

Vehicles

Stocks, bonds, cash

The MARIA test for fixtures:

M — Method of attachment (bolted, nailed, cemented = fixture)

A — Adaptability (custom-fit to property = fixture)

R — Relationship of the parties (seller vs. buyer dispute)

I — Intention (was it meant to be permanent?)

A — Agreement (what does the contract say?)

Key exam tip: A built-in microwave = fixture (real property). A freestanding refrigerator = personal property. When in doubt, written agreement controls.

Reference:

Wikipedia: Real Property

https://en.wikipedia.org/wiki/Real_property