Also known as: property law · law of property
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An interest in land within the meaning of the statute of frauds is any right, privilege, power, or immunity recognized under property law that is not goods under the UCC.
Goods become fixtures when they are so related to particular real property that an interest in them arises under real property law.
An interest in land within the meaning of the statute of frauds is any right, privilege, power, or immunity recognized under property law that is not goods under the UCC.
Select any source to read its text and confirm it supports the definition.
Goods become fixtures when they are so related to particular real property that an interest in them arises under real property law.
Select any source to read its text and confirm it supports the definition.
Each sense below has its own examples, sources, and questions.
Pamela Phillips orally promised Preston Pratt a fee if he persuaded a seller to convey Blackacre. When the deal closed, Pratt demanded payment. Property law treats the promise as outside the statute of frauds because it creates no direct interest in land for Pratt himself.
Phuong Pham bought oceanfront lots shortly before a new state regulation prohibited all construction. The rule left the parcels with no economically beneficial use. Property law treats the regulation as a per se taking that requires just compensation unless background nuisance principles already barred the intended use at acquisition.
Pierre Poulin challenged a city ordinance that effectively eliminated his ability to keep lawfully acquired firearms on residential property. Property law principles embedded in the Second Amendment were held applicable against the states through the Fourteenth Amendment.
Phoebe Park rented an apartment from Pioneer Energy that lacked functioning heat and contained exposed wiring. When she withheld rent and sued, property law imposed an implied warranty of habitability that runs with the leasehold interest and cannot be waived by the tenant.
Pierce Patterson, a trustee, published notice of an accounting proceeding only in local newspapers. Out-of-state beneficiaries never received actual notice and later challenged the decree. Property law requires notice reasonably calculated to reach known parties whose interests in the trust res will be affected.
An interest in land includes any right, privilege, power, or immunity recognized under property law that is not goods under the UCC. A promise to pay a commission for inducing a land sale creates no such interest in the promisee and therefore falls outside the statute.
Supporting sources
A regulation that deprives land of all economically beneficial use constitutes a per se taking unless the prohibited use was already barred by background principles of nuisance or property law at the time of acquisition. Total wipeouts receive the same treatment as physical appropriations.
Supporting sources
Phoenix Technologies installed specialized cooling units in a leased warehouse owned by Pacific Bank. When the bank later foreclosed, the units remained bolted to the structure and connected to permanent ductwork. Property law classifies the units as fixtures because they have become so related to the real property that an interest arises under real property law.
Goods become fixtures when they are so related to particular real property that an interest in them arises under real property law. Once that relation occurs, real property doctrines govern priority and encumbrances even though the items began as personal property.
Supporting sources
…has instead relied on the principle that some property interests are necessarily limited by background principles of the State's law of property and nuisance. Regulations that do no more than duplicate the result that could have been achieved under those principles do not deprive the owner of any "property" interest. Pp.…