Ch. 2 Real Property and the Law

Question 1

Accession

Answer 1

Acquiring title to additions or improvements to real property as a result of the annexation of fixtures or the accretion of alluvial deposits along the banks of streams

Question 2

Accretion

Answer 2

increases in the land resulting from the deposit of soil by the water’s action

Question 3

Air Rights

Answer 3

The right to use the open space above the property, usually allowing the surface to be used for another purpose

Question 4

Annexation

Answer 4

Personal property changed go real property

Question 5

Appurtenance

Answer 5

connected to the property, A right, privilege, or improvement belonging to, and passing with, the land; ‘Runs with the land.’

Question 6

Area preferance

Answer 6

Peoples desire for one area over another, based on a number of factors such as history, reputation, convenience, scenic beauty, and location

Question 7

Avulsion

Answer 7

the sudden removal of soil by an act of nature such as earthquake or mudslide

Question 8

Bundle of Legal Rights

Answer 8

Ownership rights of the property, Right of Possession, Right to control the property within the framework of the law, Right of enjoyment, Right of exclusion (to keep others from entering or using the property), Right of disposition (to sell, will, transfer, or otherwise dispose of or encumber the property)

Question 9

Chattel

Answer 9

personal property

Question 10

Emblements

Answer 10

annually cultivated crops such as fruit, vegetables, and grains, ‘fructus industriales’

Question 11

Erosion

Answer 11

wearing away of the land by natural forces, such as wind, rain, and flowing water

Question 12

Fixture

Answer 12

personal property that has been attached to land or a bldg that by law it becomes part of the real property/ MARIA legal test of a fixture Method of Annexation-Adaptability of the Item for the land’s ordinary use-Relationship of the parties-Intention of the person in placing the item on the land-Agreement of the parties

Question 13

Improvement

Answer 13

Any structure, usually privately owned, erected on a site to enhance the value of the property (bldg, fence, or driveway) (Publicly owned would consist of a curb, sidewalk, street, or sewer)

Question 14

Land

Answer 14

the earth’s surface extending downward to the center of the earth and upward to infinity

Question 15

Littoral Rights

Answer 15

owners who’s land borders commercially navigable lakes, seas, and oceans. Owners enjoy unrestricted use of available waters but own the land adjacent to the water only up to the average high-water mark

Question 16

Manufactured housing

Answer 16

built specifically to the standards of HUD, factory built houses that are not built on site, built off site and trucked to a bldg lot where they are installed and assembled

Question 17

nonhomogeneity

Answer 17

uniqueness, the concept that no two parcels of property are exactly the same or in the same location

Question 18

personal property

Answer 18

Items called ‘chattels’ that do not fit the definition of real property; movable objects

Question 19

prior appropriation

Answer 19

(Doctrine of Prior Appropriation)- controlled by the state rather than by the landowner/a concept of water ownership in which the landowner’s right to use available water is based on a government-administered permit system

Question 20

real estate

Answer 20

land plus all human-made improvements to the land that are permanently attached to it

Question 21

real property

Answer 21

interest, benefits, and rights that are automatically included in the ownership of real estate

Question 22

Riparian Rights

Answer 22

Common-law rights granted to owners of land along the course of a river, stream or similar flowing body of water

Question 23

Severance

Answer 23

act of separating, real property can become personal property by severance

Question 24

Situs

Answer 24

‘place’, area preference, location, location, location

Question 25

Subsurface rights

Answer 25

Ownership rights in a parcel of real estate to the water, minerals, gas, oil, and so forth that lie beneath the surface of the property

Question 26

Surface rights

Answer 26

Ownership rights in a parcel of real estate that are limited to the surface of the property and do not include the space above it or the substances below the surface

Question 27

Trade fixtures

Answer 27

An article installed by a tenant under the terms of a lease that is removable by the tenant before the lease expires

Question 28

Water rights

Answer 28

common-law (historical) or statutory rights held by owners of land adjacent to rivers, lakes, or oceans, and are restrictions on the rights of land ownership.

Question 29

Title

Answer 29

relates to real property, 1) the right to or ownership of the property, including the owners bundle of legal rights; and 2) evidence of that ownership by a deed.

Question 30

Personal Property

Answer 30

sometimes called personalty, is all the property that can be owned that does not fit the definition of real property. Personal property is movable, Chattels includes chairs, tables, money bonds, and bank accounts

Question 31

Characteristics of Real Property

Answer 31

Economic (Scarcity, Improvements, Permanence of investment & area preference) & Physical (Immobility, Indestructibility, Uniqueness)