What are Considered Fixtures and Improvements?  

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What are Considered Fixtures and Improvements?  

 

This is critical in determining what personal property stays with the real property (see paragraph 2, TREC One-to-Four Contract). If the item is permanently attached to the property, it becomes a fixture and cannot be removed.  If, however, the item maintains its character as “personalty”, it is not considered a fixture and may be removed by the Seller.

A “fixture” is defined as a permanent part of the realty. Whether an item of personal property has been so permanently attached as to constitute realty is a question of fact.

Three factors are relevant in determining whether personal property has become a fixture.

1. The mode and sufficiency of annexation, either real or constructive. Key  Question: Will the property be damaged by removal? If so, to what extent?

2. The adaptation of the item to the use or purpose of the realty. Key Question: Is the item customized for the property, or is it standard?

3. The intention of the party who annexed the item to the realty. Key Question: Was the installation intended to be permanent or temporary?

The party’s intention is the predominant factor, while the first two factors constitute evidence of that intention. Testimony of intention will not prevail, however, in the face of undisputed evidence to the contrary.

Logan v. Mullis, 686 S.W.2d 605 (Tex. 1985).

Getting married makes you an adult?

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Getting married makes you an adult?

This is a touchy point because marriage is one of the last rituals we have. When you get married everyone in the world celebrates you for doing so. The relationship is legitimized as a serious thing, worthy of your efforts. Suddenly, you seem like a responsible person … a proper adult! It means you’re a desirable, together person because you “landed” a partner, right? Discuss …

 

 

 

From Mompreneur to Maverick Mom!

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From Mompreneur to Maverick Mom!

“According to prevailing wisdom, a boy must be raised with a man in the house; otherwise, he’s bound to be a failure. That same wisdom tells us that mothers left to their own devices will smother their sons and turn them into sissies, and that sons of unmarried mothers are destined to a life of crime.” Raising Boys Without Men is an examination of these boys and their amazing mothers. Dr. Peggy Drexler’s research shows that boys raised without fathers are “socially savvy, generous, caring communicators, while still remaining extremely ‘boyish’—passionate about sports and adept at rough-housing with friends.”

SO! I am declaring myself a maverick mom pioneering a new form of parenting that rejects social judgment about family structure and stresses the importance of communication, community, and love. I am brave and I have much to say about a better way to raise tomorrow’s men!

Stay tuned …