chapter 1

Question 1

property

Answer 1

real and personal property/ quality and quantity of ownership
(the right or interest which a person has in land or chattels to the exclusion of all others

Question 2

appurtenances

Answer 2

an article or right adapted to the use of the property to which it is connected and which is intended to be a permanent accession to the property and which will pass with the title to a new owner,such as easements and rights of way

Question 3

method of annexation

Answer 3

portability

Question 4

fixture

Answer 4

personal property (personalty) which has become real estate because it is attached in some way to real property

Question 5

personalty

Answer 5

all articles of personal property goods and chattels

Question 6

chattel

Answer 6

an article of tangible personal property transferred by bill of sale

Question 7

tangible personal property

Answer 7

all items which are physical and have substance i.e.-tables, chairs

Question 8

intangible property

Answer 8

rights rather than items i.e.- royalties,trademarks,and copyrights

Question 9

corporeal (in real property)

Answer 9

the actual land and all items affixed to it

Question 10

incorporeal (in real property)

Answer 10

any interest in realty which cannot be considered physical and which is not apparent i.e. easements, rights of way and licenses

Question 11

Bundle of rights (4 basic rights)

Answer 11

possession, quiet enjoyment, disposition, control

Question 12

limitations on bundle of rights

Answer 12

Eminent domain, police power, taxation, escheat

Question 13

eminent domain

Answer 13

the right of the state or government agency to take private property for the public use or good and government must pay a fair price.

Question 14

police power

Answer 14

the power of the government to do whatever is necessary to protect the public welfare. the two most common limitations are zoning by-laws and building codes

Question 15

special assessments

Answer 15

for municipal improvements( betterments) which specifically benefit a property(roads, water, sewer etc.) and are liens that take precedence over other liens

Question 16

intestate

Answer 16

when a person dies without a will in which case estate goes to next of kin or heirs

Question 17

escheat

Answer 17

when a landowner dies intestate and there are no heirs or bill collectors, the title reverts to the state

Question 18

easement

Answer 18

a right of a person to use the land of another, it is an encumbrance which may affect the physical condition of a property

Question 19

encumbrance

Answer 19

any right to, or interest in real estate, which while possibly diminishing the value of the property, does not prohibit the passing of the title

Question 20

easement appurtenant

Answer 20

a right in anothers land (servient estate) which benefits and attaches to the owners land (dominant estate) and automatically runs with the land

Question 21

easement in gross

Answer 21

a limited right of one person to use land of another(servient estate) and does not benefit any land of the owner of the easement , such as an overhead power line or underground pipeline. There being no dominant estate, such an easement may not automatically run with the land, but may be expressly transferred

Question 22

affirmative easement

Answer 22

allows the holder to do certain acts on anothers land , such as have access or egress

Question 23

negative easement

Answer 23

owner of property is usually restricted from putting any permanent structure on the easement

Question 24

easement by deed

Answer 24

most common- to give a deed setting forth the description of the area covered by the easement and nature of it

Question 25

easement by necessity

Answer 25

allowed by law as necessary for full enjoyment of parcel of real estate

Question 26

easement by prescription

Answer 26

acquired by continuous exclusive and adverse use for a period of time established by state law

Question 27

estoppel

Answer 27

when a person alleges existence of a fact and causes another to believe its existence and subsequently act to its detriment, then the person who caused the action would be “estopped” or prohibited from denying existence of the fact

Question 28

license

Answer 28

a right granted to a person for specific use of the land of another. sometimes limited in time but usually revokable at the will of the owner, and is not transferred with title. Terminates at the death of either grantor or grantee.Does NOT run with land

Question 29

encroachment

Answer 29

an illegal intrusion into or over the property of another.

Question 30

rights benefits and improvements that transfer with title are

Answer 30

appurtenances

Question 31

a law of descent and distribution apllies

Answer 31

when a person dies intestate

Question 32

license

Answer 32

(similar to an easement) limited in time, usually revokable at the will of the owner, and does not transfer with title