Real property now "personal property"?

[ETex2]

What is the name of your state? Texas

Does anyone know of case law or other laws that would indicate that real property (permanently attached improvements, structures, underground electrical lines, etc.), become "personal property" of the lessee (who built and owned the improvements) when the lease or permit period to use the improvements expires and is not renewed by the landowner?

 

[seniorjudge]

Q: Does anyone know of case law or other laws that would indicate that real property (permanently attached improvements, structures, underground electrical lines, etc.), become "personal property" of the lessee (who built and owned the improvements) when the lease or permit period to use the improvements expires and is not renewed by the landowner?

A: No. There's no such thing.

 

[ETex2]

I didn't think so.

But, the exec. director of the governmental entity (also a r.e. attorney) that owns the lake and land where these permanent improvements are, referred to them repeatedly in a formal letter as "personal property". And a state district court and appeals court decided that the permits that allowed them to be constructed "do not arise to an ownership interest in real estate."

 

[divgradcurl]

I didn't think so.

But, the exec. director of the governmental entity (also a r.e. attorney) that owns the lake and land where these permanent improvements are, referred to them repeatedly in a formal letter as "personal property". And a state district court and appeals court decided that the permits that allowed them to be constructed "do not arise to an ownership interest in real estate."

What exactly is your situation? From this piece you've written, it sounds as if some improvements were made on land leased by the government to a lessee. When the courts say "do not give an ownership in the real estate" seems to say that building the improvements did not give the improver any ownership rights to the underlying land, not the other way around.

The general rule is "fixtures" installed by a lessee become the property of the lessor when the lease expires, unless the fixtures are removed and the property put back into its original state.

 

[seniorjudge]

What is the name of your state? Texas

Does anyone know of case law or other laws that would indicate that real property (permanently attached improvements, structures, underground electrical lines, etc.), become "personal property" of the lessee (who built and owned the improvements) when the lease or permit period to use the improvements expires and is not renewed by the landowner?

Since you did not mention in your original post that this land was owned by some level of government, I answered as if it were privately-owned property.

Now that you put the government of whatever into the mix, that changes everything.

 

[FlyingRon]

Any improvements on a non-renewed ground lease usually revert to the lessor.

 

[ETex2]

Since you did not mention in your original post that this land was owned by some level of government, I answered as if it were privately-owned property.

Now that you put the government of whatever into the mix, that changes everything.

Does that mean that real property becomes my personal property if the gov. does not renew the permit?

BTW, there is no lease. One year ingress and egress permits only.

 

[seniorjudge]

Does that mean that real property becomes my personal property if the gov. does not renew the permit?

BTW, there is no lease. One year ingress and egress permits only.

If there is no lease, then why did you use the term "lessee" in your original post?

What is the name of your state? Texas

Does anyone know of case law or other laws that would indicate that real property (permanently attached improvements, structures, underground electrical lines, etc.), become "personal property" of the lessee (who built and owned the improvements) when the lease or permit period to use the improvements expires and is not renewed by the landowner?

 

[ETex2]

My mistake. This is almost a unique situation on a lake owned by the local water supply district. So, the landowner is a governmental entity. Adjoining property owners can build boat docks. There are no leases, only building permits and ingress/egress permits each year. Latter permit is not renewed by water supply district, and tells property owner that the permanent boat dock is "personal property".

Yes, I have a r.e. attorney, and have filed suit, etc.. At this point, I am simply looking for any case law or experience with permanent improvements (ie. real property) becoming "personal property" when the owner (permitee?) loses his permit to use the improvements. Thanks.

 

[tranquility]

You are wasting your time looking for this type of case law. There are so many unique issues the holdings and issues you seek will not be in general, but in very specific. Let your lawyer handle things, you are out of your depth.