Chapter 1 -property Flashcards

1
Q

Bundle of rights?

A

Consists of all legal rights that are attached to the ownership of real property.

  • use
  • posses
  • transfer
  • encumber
  • enjoy
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2
Q

Property?

A

Anything that may be owned and gained lawfully.

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3
Q

Feudal?

A

System of land ownership wherein all property was owned by the current monarch or an appointed noble.

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4
Q

Allodial?

A

System of private land ownership in which individuals have the right to own real property.

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5
Q

Real property?

A

Includes the land, anything permanently attached to the land, anything appurtenant to the land, or anything immovable by law,

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6
Q

Real property is transferred by?

A

Deed, devise or descent

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7
Q

Airspace is considered?

A

Real property

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8
Q

Surface rights?

A

Are the rights to use the surface of land, including the right to drill or mine through the surface when subsurface rights re involved.

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9
Q

Subsurface rights?

A

Ar the rights to the natural resources ( minerals,gas and oil) below the surface.

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10
Q

Riparian rights?

A

The owner of property bordering a river or stream.

Riparian-river

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11
Q

Littoral rights?

A

Owners of land bordering closed bodies of water, such as lakes or oceans ad generally own the land up to the mean vegetation line.

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12
Q

Improvements

A

Such as houses, garages, fences, swimming pools, or anything resting on the land are permanent and owned as a part of the property.

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13
Q

Fixtures?

A

Is real property that used to be personal property.

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14
Q

Tests of a fixture?

A
  • adaptation of the item and agreement of the parties
  • intent
  • method of attachment
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15
Q

Trade fixtures?

A

Are items of personal property used to conduct a business, such as shelves, cash registers, room partitions, or wall mirrors.

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16
Q

Fructus naturales?

A

Real property, includes anything growing and attached by its roots, such a trees, shrubs, and flowers.

17
Q

Emblements, or fructus industrials?

A

Are crops produced by human labor such as lettuce, grapes, fruits, nuts, wheats, corn,cotton,are personal property.

18
Q

Personal property?

A

Known as personalty, or chattel, is movable and transferred or sold using a bill of sale.

19
Q

Estate?

A

Is the ownership interest or claim a person as in real property.

20
Q

Freehold estates?

A

Are real property estates of ownership.

21
Q

Life estate?

A

Is one that is limited in duration to the life of its owner.

Pur autre vie is a life estate based on the life of a designated person.

22
Q

Legal life estates?

A

Curtesy- is the husbands life estate in all, inheritable real estate of deceased wife.
Dower- is the wife’s I’ve estate in all, inheritable real estate of deceased husband.

23
Q

Homestead?

A

Is a tract of land owned and occupied as the family home.

24
Q

Less-than-freehold-estate?

A

(Leasehold estates) is owned by renters and tenants.

25
Q

Type of leasehold estates?

A

Estate for years-a specific period of time
Estate from period to period-a month to month lease
Tenancy at will-no fixed period of time, may be terminated by either party.
Tenancy at sufferance-tenant remains in possession after the lease expiration.

26
Q

The possessory right to occupy the property granted by the lease is?

A

Personal property

27
Q

Concurrent ownership or co-ownership?

A

Property owned by two or more persons or entities at the same time.

28
Q

Types of concurrent ownership?

A
  • tenancy in common
  • joint tenancy
  • community property
  • tenancy by the entirety
29
Q

Tenancy in common?

A

Consists of two or more persons,whose interests are not necessarily equal, wit no right of survivorship .

30
Q

Joint tenancy?

A

Exists when two or more parties own real property as co-owners with equal interest and the right of survivorship.

31
Q

The right of survivorship?

A

Means that if one of the co-tenants dies,the surviving tenants automatically becomes sole owner of the property.

32
Q

The four unities of joint tenancy?

A
  • title
  • time
  • interest
  • possession
33
Q

Community property?

A

All property acquired during the marriage with the exception of separate property and property acquired by gift or inheritance.

34
Q

Tenancy by the entirety?

A

Is ownership by husband and wife in which each owns the entire property.

35
Q

Acknowledgement?

A

Is a formal declaration before a notary public or certain public officials, by the person (grantor) who signed (executed) the instrument (deed) that he or she in fact did execute (sign) the document.

36
Q

Constructive notice?

A

Is given to he world by recording the document.

37
Q

Actual notice?

A

Occurs if a person has direct,express information about the ownership interest of a property.

38
Q

Priority?

A

Means the order in which deeds and other instruments are recorded.