Chapter 1 - Intro To The Law Of Real Property Flashcards
What are riparian rights?
Rights of the owners of lands adjoining streams, rivers, and lakes relating to the water and its use.
What is a fixture?
Item of personal property that becomes real property because of its attachment to the land or a building.
What is appropriation?
In regard to water law, doctrine stating that water belongs to the person who first makes beneficial use of it.
What is possession?
Occupation of land evidenced by visible acts such as enclosure, cultivation, the construction of improvements, or the occupancy of existing improvements.
What is inheritance?
Ability to acquire ownership to real property because of one’s kinship to a deceased property owner who dies without a will.
What is devise?
Transfer of real property by means of a last will and testament.
What is a will?
Legal document by which a person disposes of his property; takes effect on the death of the maker of the will.
What is conveyance?
The transfer of title of some or all of the ownership rights to real property from one person to another; usually by instrument such as a deed, lease, or mortgage.
What is a deed?
Written document that transfers ownership of real property from one person to another.
What is adverse possession?
Method of acquiring ownership to real property by possession for a statutory time period.
What is tacking?
The addition of possession periods by different adverse possessors.
What is color of title?
A form of adverse possession where the original possession of the property by a prescriber is based upon a written instrument such as a deed or court decree
What is a fee simple or fee simple absolute?
Estate of real property with infinite duration and no restrictions on use.
What is a fee simple determinable?
Estate of real property with potential infinite duration. The ownership of a fee simple determinable is subject to a condition, the breach of which can result in termination of the estate; automatically expires on the nonoccurrence or occurrence of a condition.
What is a fee simple on condition subsequent?
Estate of real property with potential infinite duration. The ownership of a fee simple on condition subsequent is subject to a condition, the breach of which can result in termination of the estate; continues in existence until an action is brought to recover the property.