Chapter 1 - Real Property Flashcards
Air Rights
The rights in real property to the reasonable use of the air space above the surface of the land.
Bundle of Rights
All of the legal rights incident to ownership of property including rights of use (control & exclusion), possession, enjoyment, encumbering (having a lien placed against the property for payment of debt), and disposition. (residential real estate owners typically get the whole bundle of rights, but this may not be true for commercial real estate)
Land
The materials of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance, and includes free or unoccupied space for an indefinite distance upwards as well as downwards.
Mineral Rights
A landowner’s right to receive a portion of the profits of any minerals that are extracted from the land
Real Estate
Land + anything permanently attached to the land (i.e. man-made improvements such as a separate garage, barn, out-house, smoke house, fence, etc.)
Real Property
Land + anything permanently attached to the land + appurtenances + bundle of rights
Fixture
Appurtenances attached to the land or improvements, which usually cannot be removed without significant damage and agreement as they become real property, i.e., plumbing fixtures, cabinets, cable wiring, etc.
MARIA - Method of attachment, adaptability, relationship of the parties, intent of the seller, agreement
Chattel
Movable/immovable personal property, such as a mobile home, trailer, or wagon (home sale must specify whether or not items like this are included or excluded)
Surface Rights
Rights to the surface, exterior or upper boundary of a parcel of land, including access to water and other substances
Sub-surface rights
Rights to the area below the earth’s surface, such as oil and mineral rights
Emblements
crops and other annual plantings considered to be personal property of the cultivator
Personal Property
Any property which is not considered real property, also called movable property or chattel
Trade Fixture
articles of personal property annexed by a business tenant to real property which are necessary to the carrying on of a trade and are removable by the tenant (i.e., barber chair, mirrors, stylist work stations, etc.)
Mobile Home
structure transportable in one or more sections, designed and equipped to contain not more than 2 dwelling units to be used with or without a foundation system.
Modular
system for construction of dwellings and other improvements to real property through the on-site assembly of component parts (modules) that have been mass produced away from the building site.
Manufactured Home
residential structure with or without permanent foundation that was built off-site and complies with HUD standards.
When is a mobile or manufactured home classified as an improvement (must meet all 3 criteria)?
- Home must be connected to utilities
- Must sit on foundation (i.e., be off its wheels and on support)
- Placed on land owned by the person who also owns the home
* **Taxed as real estate
When is a mobile or manufactured home classified as personal property (if any of the 3 situations are true)?
- Home is on land owned by someone other than the homeowner
- Home must not be connected to utilities
- Home must not sit on foundation
Condominium
an estate in real property wherein there is an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, or condo plan
Cooperative
an apartment building, owned by a corporation and in which tenancy in an apartment unit is obtained by the purchase of shares of stock of the corporation and where the owner of such shares is entitled to occupy a specific apartment in the building.
Time-Share
a form of subdivision of real property into rights to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or segment of real property, on an annual or some other periodic basis, for a specified period of time.
When supply goes down, demand goes ____, and price goes ____
When supply goes down, demand goes up, and price goes up
When supply goes up, demand goes ____, and price goes ____
When supply goes up, demand goes down, and price goes down
Planned Unit Development (PUD)
mixed-use/multi-use building, i.e., grocery store in the bottom floor of an apartment building
One Story Home
ranch style–does not typically include a staircase (one level)
One-and-a-half story Home
Similar to a 2-story home, but distinguishing factors are that the roofline has dormers/gable ends with windows embedded. The half-story is typically a loft area between the first floor ceiling and the roof
Split-level Home
staggered layer home–when entering, you will often be standing at the base of 2 staircases, 1 that goes up to a living space and 1 that goes down to a basement area.
Foundation
The part of the structure, typically below grade, upon which all other construction is built–forms a structure’s base, holding up the house acting as a barrier against moisture, as an insulator, and it helps repel insect infestations.