Fall 2013, Vol. 38, No. 2
Abstract: Some complex, special purpose property transactions can possibly include unique rights and interests that will require an appraiser to determine whether that right or interest is portable or permanently attached to the real property being valued. If the right or interest is portable, then that right is personal property, otherwise it becomes appurtenant to the parcel and is an intangible real property right of that parcel. This article explores how a properly conducted market analysis and the correct highest and best use conclusion that is based on that properly conducted market analysis will help an appraiser to properly determine whether a right or interest included in a special purpose property transaction is personal property or real property.