Exam 2: The Nature of Property

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Another word for real property is chattel.

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False

A severance:

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B

If a contract of sale calls for timber to be cut and removed by the buyer and would cause no harm to the land, the contract is considered to be a sale of goods.

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Real property can include not only the land but also the air space above the land.

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The law governing commercial transactions is uniform in all states but Hawaii.

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As a general rule fixtures pass to the purchaser when real estate is sold.

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The following items would probably meet the annexation test:

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Both fructus naturales and fructus industriales, when unsevered, pass to the purchaser when real estate is sold.

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An article considered to be a tenant's fixture may be legally removed if the removal takes place within a reasonable time after termination of the tenancy.

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A fixture is transferred by an instrument called a bill of sale.

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An example of intangible personal property is a stock certificate.

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A construction mortgage, unless the construction mortgagee agrees to subordination, has by law priority over security interests.

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Fixtures are taxed as personal property.

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Dan owns a house that was mortgaged to First Bank.Dan purchases a central air conditioning unit in January 2011, from Bob's Appliances on credit and gives Bob's a security interest in the unit.In most states, in order to gain priority over First Bank, Bob's Appliances must:

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The Uniform Commercial Code requires that the sale of goods must always be in writing to be enforceable.

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Erwin Paper Company purchased 750 acres of timber from Roscoe for $750,000.Erwin is to cut and remove the timber.

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Carlos rented an apartment in which he installed a new gas stove.The stove is:

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The Uniform Commercial Code is the primary source of real property law.

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Most American courts apply three tests to determine whether a personal property has been transformed into a fixture.Which of the following is not one of these tests?

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The Uniform Commercial Code defines personal property as all things that are movable at the time of identification to the contract for sale.

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