As a general rule, the distinction boils down to this: personal property is considered movable; real property, immovable.

Transfer of real property is completed by the delivery of a written deed.

Because there is no ownership in these underground minerals (as distinct from ownership of rights to drill for these minerals), the owner of the drilling rights may extract all of these transitory minerals in the underground reservoir, even if such extraction depletes the minerals under neighboring lands.

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The courts have established five tests of a fixture to determine whether an item of personal property is a fixture. It might be of help to remember these five tests by the mnemonic, "MARIA": method of attachment, adaptability, relationship of the parties, intent, and agreement between the parties.

Abbreviations Used in this Book* B&PC — California Business and Professions Code CC — California Civil Code CCP — California Code of Civil Procedure CR — Commissioner’s Regulations FC — California Family Code GOV — Government Code HSC — Health and Safety Code PC — California Probate Code

"Land is the material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance, and includes free or occupied space for an indefinite distance upwards as well as downwards, subject to limitations upon the use of airspace imposed, and rights in the use of airspace granted, by law." CC §659.

should carefully put in writing what they deem to be personal property or fixtures.

In general, the first person who takes water by the right of appropriation has the right to continue to take the same reasonable amount of water from the same source year after year. The second person to take water from the same source is second in priority, and so on. In other words, appropriation water rights are permitted on a first-in-time,