Real Property vs. Personal Property
Real property: immovable (land, buildings, fixtures). Personal property: movable (furniture, vehicles, equipment). Fixture test: annexation, adaptation, and intention. Matters for: taxation (ad valorem vs. tangible), transfer (deed vs. bill of sale), and security (mortgage vs. UCC). FAR/BAR contract lists included items. Clear contract language prevents fixture disputes.
Distinction
- Real: immovable, deed required
- Personal: movable, bill of sale
Fixture Test
- Annexation: physically attached?
- Adaptation: adapted to property use?
- Intention: permanent attachment?
Transaction Impact
- Contract: identify included/excluded
- FAR/BAR lists transfer items
- Clear language prevents disputes
Related Terms
- Real Property — Land and improvements
Barnes Walker Real Estate
Barnes Walker’s attorneys resolve property classification disputes in Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC