Ch.2 Real And Personal Property

Question 1

Real VS Personal Property

1. Built in bookshelves
2. The stovetop
3. Plumbing fixtures
4. A tree that has been cut down
5. Potted plants
6. A dishwasher
7. A couch

Answer 1

1. R
2. R
3. R
4. P
5. P
6. R
7. P

Question 2

Real VS Personal Property

8. Vegetables in garden
9. Kitchen utensils
10. A shed in the backyard
11. A boat
12. The dining room chandelier
13. Roses in the garden
14. An attached garden

Answer 2

8. R
9. P
10. R
11. P
12. R
13. R
14. R

Question 3

If trade fixtures are not removed prior to lease expiration, they become the property of the landlord through the process of _________

Answer 3

Accession

Question 4

Any man-made addition to the land that is permanent and is considered to become part of the land is known as an __________

Answer 4

Improvement

Question 5

Annual crops produced with labor fall into a special category known as ________

Answer 5

Emblements

Question 6

Prior ___________ is a theory of water law based on the idea that “first in time is first in right”.

Answer 6

Appropriation

Question 7

A ___________ is a home that is built in a factory according im to a federal building code administered by the U.S. Department of Housing and Urban Development (HUD)

Answer 7

Manufactured home

Question 8

________ rights extend above the surface without limitation

Answer 8

Air

Question 9

The method of ____________ refers to how the item was attached to the property.

Answer 9

Attachment

Question 10

The vast majority of homes built in the U.S. are _________ built.

Answer 10

Site

Question 11

________ homes are primarily built off site in a factory

Answer 11

Modular

Question 12

Manufactured home dealers and salespeople in Texas are licensed by the ___________

Answer 12

TDHCA

Question 13

A _________ wavier could be used if there is no present lease in place and the seller owns the Mineral Estate.

Answer 13

Surface

Question 14

Real _______ is a broader term that goes beyond the physical real estate and includes the rights that a person has in the land

Answer 14

Property

Question 15

__________ are generally considered to be items of personal property that are not all included in a sale of real estate.

Answer 15

Refrigerators

Question 16

Real _________ includes all that is compasses in land, with the addition of all manmade additions to the land (improvements) such as roads, houses and commercial buildings.

Answer 16

Estate

Question 17

Rights that are associated with the ownership of real property are often referred to as the owners?

Answer 17

Bundle of rights

Question 18

Surface, subsurface and air rights are said to be

Answer 18

Severable

Question 19

Rights that include ownership of oil, gas and other minerals are ___________

Answer 19

Subsurface rights

Question 20

Rights that are conveyed in a cell tower lease include___________

Answer 20

Surface and air

Question 21

Any man made addition to the land that is permanent is known as an ______________

Answer 21

Improvement

Question 22

Things that are of a temporary or movable nature are known as ___________ property.

Answer 22

Personal

Question 23

Factory built housing that is built to local building codes include _________

Answer 23

Modular homes

Question 24

Land is defined as

Answer 24

The surface of the earth extending downward to the center of the earth and upward above the surface to infinity

Question 25

“Bundle of rights” is considered severable which means

Answer 25

That different Individuals can own different rights of the same piece of land

Question 26

The owner of surface rights has the ability to

Answer 26

Improve the surface, and to use resources extracted from or near the surface

Question 27

Subsurface rights include the rights to

Answer 27

Oil, gas and other minerals

Question 28

A royalist right is the right to

Answer 28

Collect a royalty for production of oil or gas in a production unit

Question 29

An executive right is the right to

Answer 29

Execute a contract or lease for the exploration of oil or gas

Question 30

Ownership of a property gives the owner the right to ____________. However the surface owner has no right to ___________

Answer 30

Refuse any oil or gas exploration

Question 31

Riparian rights

Answer 31

The rights that an owner has to use water from a river or a stream on or next to a property

Question 32

Littoral rights

Answer 32

The rights to use water from a lake, ocean or sea on or next to property

Question 33

In Texas, most surface water is owned by the ______

Answer 33

State

Question 34

Accretion

Answer 34

Addition to the land by the action of water

Question 35

Alluvion

Answer 35

The soil add to the land by the accretion

Question 36

Avulsion

Answer 36

Water washes away the land from one property and deposits it on another

Question 37

Reliction

Answer 37

Water recess and dry land appears

Question 38

Personal property

Answer 38

Things of a temporary or movable nature

Question 39

Fixture

Answer 39

Personal property that has become attached to the land in such a way as to become real property

Question 40

Annexation

Answer 40

The process of attaching personal property so that it becomes real property

Question 41

Three tests courts apply to determine if something is a fixture or personal property

Answer 41

1. Intention of the parties 2. Method of attachment 3. Adaptation

Question 42

Trade fixtures

Answer 42

Items necessary for an individual to carry out his or her trade

Question 43

The concept of emblements ensures

Answer 43

Will be allowed to harvest the annual crop, even if she loses possession of the property