quite distinct legal practices. In general, real estate
consists of land, things attached to it, such as trees, buildings,
fences and certain rights and profits arising out of or annexed to the
land. The term land as ordinarily used includes all these things, so
that when land is said to be worth so much an acre it includes all
fixtures. Ponds and streams are, under this definition, land. The land
not only has surface dimensions, but extends upward indefinitely and
down to the center of the earth, and hence includes a right to ores,
coal, oil, gas or other materials whatsoever.

An article may, however, be real property or personal property
depending upon circumstances. Thus a tree growing on the land is real
property, but when cut into cord wood becomes personal property. New
fence posts ready for use are personal property. When set in the
ground they become real estate. Just what goes with a farm or what are
fixtures is frequently a subject for legal determination.

FIXTURES

The general rule is that "fixtures are any chattels which have become
substantially and permanently annexed to the land or to buildings or
other things which are clearly a part of the land."[D] The annexation
may, however, be purely theoretical, since the keys to the house or
barn, which may be in the owner's pocket, are real estate. One rule
concerning fixtures is that they must be so annexed that they cannot
be severed without injuring the freehold. The intention of the party
making the annexation also often determines, since if the article is
annexed with the intention of making it permanent, it then becomes a
part of the land. Among the things held to be fixtures, and therefore
a part of the land, are: (1) All buildings and everything which is a
part of any building, such as doors, blinds, keys, etc.; (2) fence
materials which have been once used and are piled up to be used again
are a part of the land, but new fence material not yet used is
personal property. (3) Growing crops are real property. They go to the
purchaser of the land unless specially reserved in the deed. A verbal
agreement is not sufficient. (4) Trees, if blown down or cut down and
still lying where they fell, are real property; if cut or corded up
for sale they become personal property. (5) All manure made on the
farm is real estate and passes with the land. (6) All the ordinary
portable machines and tools are considered personal property, bu