Chapter 1: Elements of Real Property

Question 1

What is Real Estate?

Answer 1

It is the air, water, land and everything affixed to the land

Question 2

Man-made structures attached to the land like fences, streets, buildings, wells, sewers, sidewalks, and piers are called?

Answer 2

Improvements

Question 3

What is the definition of land?

Answer 3

minerals beneath the earth’s surface, water on or below the earth’s surface, and the air above the surface. It also includes all plants attached to the ground, or in the ground; such as trees and grass.

Question 4

What is the 3 physical characteristics of land?

Answer 4

Immobility, Indestructibility, and heterogeneity

Question 5

What is the definition of real property?

Answer 5

is the ownership of real estate and the bundle of rights associated with owning the real estate

Question 6

What is the definition of personal property?

Answer 6

Is the ownership of anything that is not real estate, and the rights associated with owning the personal property item

Question 7

All real estate, by its physical nature is…

Answer 7

tangible property

Question 8

Personal property may be……

Answer 8

tangible or intangible

Question 9

What is the definition of a fixture?

Answer 9

A personal property item that has been converted to real property by attachment to real estate. Examples are chandeliers, toilets, water pumps, septic tanks, and window shutters.

Question 10

In the event where an attachment is insufficient to determine whether an article of property is real or personal, a court may apply one or more of the these additional criteria?

Answer 10

Intention, adaptation, functionality, relationship of parties, sales or lease contract provisions

Question 11

What is the definition of a trade fixture or chattel fixtures?

Answer 11

are items of a tenant’s personal property that the tenant has temporarily affixed to a landlord’s real property in order to conduct business

Question 12

Plants and crops requiring human intermission and labor are called…

Answer 12

Emblements

Question 13

What are emblements considered as?

Answer 13

Personal property

Question 14

Owning real property is associated with the bundle of rights which including what?

Answer 14

Right of possession, Right to use, Right to transfer, Right to encumber, and Right to exclude

Question 15

What is the of appurtenances?

Answer 15

Rights that apple to those things that can be transferred along with the land upon its sale, such as air rights, surface rights, and subsurface rights.

Question 16

What is the definition of surface rights?

Answer 16

This right applies to the real estate contained within the surface boundaries of the parcel. This includes the ground, all natural things affixed to the ground, and all improvements

Question 17

What is the definition of water rights?

Answer 17

This right concerns the right to own and use water found in lakes, streams, rivers, and the ocean

Question 18

The right that concerns properties abutting bodies of water that are not moving, such as lakes and seas.

Answer 18

Littoral right

Question 19

Owners of properties with bodies of water that the littoral right attached to the property may do what with the water?

Answer 19

Owners have the right to enjoy and use the water, but do not own the water of the land beneath the water.

Question 20

When a property is sold with littoral rights attached to the property, what does that mean?

Answer 20

The littoral rights transfer with the property to the new owner

Question 21

The right that concerns properties abutting moving water, such as streams and rivers.

Answer 21

Riparian Rights

Question 22

If a property abuts a stream or river, the owner’s riparian rights are determined on what?

Answer 22

by whether the water is navigable or non navigable. Navigable or non navigable waterways must be determined by an official source

Question 23

What is the definition of accession?

Answer 23

It is the gain or loss of property through forces of nature, labor, or the addition of new materials.

Question 24

What is involuntary accession?

Answer 24

is the result of the natural forces of nature and involves 4 geological processes: Erosion, accretion, avulsion, and reliction.

Question 25

What is the definition of subsurface rights?

Answer 25

The right to apply to land beneath the surface of the real estate parcel extending from its surface boundaries downward to the center of the earth

Question 26

What is notable subsurface rights?

Answer 26

The rights to extract minerals, oil, and gas deposits, and subsurface water from the water table

Question 27

What is the definition of air rights?

Answer 27

The right to the space above the surface boundaries of the parcels delineated by imaginary vertical lines extending to infinity.

Question 28

A legal description of real property is….

Answer 28

one which accurately located and identifies the boundaries of the subject parcel to a degree acceptable by courts pf law in the state where the property is located

Question 29

A legal description is required for…..

Answer 29

Public recording, creating a valid deed of conveyance or lease, completing mortgage documents, and executing and recording other legal documents

Question 30

The Public Land Survey System (PLSS) is?

Answer 30

The method traditionally used over the largest part of the United States to survey and classify land parcels and is occasionally referred at as the Rectangular survey

Question 31

The 3 accepted methods of legally describing parcels of real estate are?

Answer 31

Metes and bounds, Lot and block method, and rectangular survey system

Question 32

The definition of metes and bounds?

Answer 32

Identifies the boundaries of a parcel of real estate using reference points, distances, and angles

Question 33

The definition of lot and blocks method?

Answer 33

or recored plat method is used to describe properties in residential, commercial, and industrial subdivisions

Question 34

The definition of the rectangular survey system?

Answer 34

or the government survey method is a method developed by the federal government to simplify and standardize property descriptions as a replacement for the metes and bounds method. The system was further modified to facilitate the transfer of large quantities of government-owned western lands to private parties.

Question 35

surveyors conduct property surveys most frequently when…

Answer 35

the land is being sold