Test Bank for Real Estate Law 9e Robert J. Aalberts

Test Bank for Real Estate Law 9e Robert J. Aalberts

4. In most states, the crops pass to the buyer if they have not been severed at the time of

conveyance. A few states, however, use a ”maturity" test. Under this test "ripened crops possess

the character of personalty, hence do not pass to the purchaser of the land." Wood v. Wood, 183

P.2d 889 (1947).

5. No. The doctrine of emblements does not apply because this was not a tenancy of an uncertain

duration. See Miller v. Gray, 149 S.W.2d 582 (1941).

IMPORTANT CONCEPTS AND RELATIONSHIPS FOR STUDENTS TO KNOW

1. Know the basic terms for property: real versus personal, tangible versus intangible, what

they constitute and how the two interact, such as what a severance versus an annexation. 

2. Know the different legal rules that apply to real versus personal property. For example,

the Uniform Commercial Code (UCC) only applies to personal property (called goods

under the UCC) and generally not to real property.  

3. Know general characteristic about the UCC. Also, know the implications between real

property law versus the UCC and how these differences can affect property transactions,

such as the application of the Statute of Frauds. 

4. Know the differences and similarities between real and personal property in terms of how

the two are acquired. 

5. Know how to define a fixture and what types of parties are affected by whether property

is a fixture or personal property. 

6. Know the three fixture tests and how each works.

7. Know what parties courts tend to favor in deciding whether an item is a fixture or not. 

For example, why are residential tenants generally favored over landlords.

8. Know the various special statutory tests such as fructus naturales versus fructus 

industriales and how the concept of emblements relates to them.

9. Know the characteristics and differences between trade fixtures, agricultural fixtures and 

domestic fixtures.

10. Know, in general, the process of fixture financing and when it becomes a legal issue.

11. Know both what a Purchase Money Security Interest (PMSI) is versus a Financing 

Statement and what must be contained in them to be legally effective. 

12. Know what attachment and perfection are, what they mean and how they relate.

13. Know all the potential parties a creditor with a perfected PMSI has priority over.

14. Understand why prior recorded construction mortgages are exceptions to the general rule 

and how subordination is a means for a fixture lender to protect its security interest.

15. Know what a fixture filing is and what the latest rules under UCC Article 9 are regarding 

concerning it.

16. Know what both a wrongful annexation is versus a mistaken annexation and how they 

differ.

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