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A post-title expenditure, or improvement, does not buy into title. The pro-rata apportionment rule is not applied. However, the improving estate has the right to reimbursement from the improved estate. The common law fixtures doctrine is relied upon when refusing to recognize any ownership rights in the estate paying for the post title improvements. Under the common law fixtures doctrine, an accession to real property takes on the same ownership characteristics as the realty improved. The improvement doctrine applies to tangible assets affixed to realty, taxes levied, and to sums paid for upkeep. The improvement doctrine used to apply to mortgage payments. However under modern law, the principal portion of the payment buys into title under the pro-rata sharing rule. If an improvement was made with actual intent to defraud creditors or the improvement leaves the improving estate insolvent, the buy-in theory will be used rather than reimbursement. The reimbursement amount is determined from the value added, not to exceed the amount spent. Unusual equitable factors could leave the amount as the greater of the amount spent or value added. The value of the improvement is determined upon dissolution of the community. The minority measures reimbursement by the amount ...

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