Chapter 2

Question 1

What are the rights of an owner of a freehold estate to possession, enjoyment, control, and disposition of real property?

Answer 1

Bundle of Rights

Question 2

Do all transfers of real property need to be in writing?

Answer 2

Yes, all transfers of ownership of an interest in real property must be in writing.

Question 3

Define real property

Answer 3

Land and everything permanently attached to land, including all rights and interest in the land.

Question 4

What does real property consist of?

Answer 4

Lands, tenements, and hereditaments

Question 5

What is, the surface of the earth, the area above and below the surface, and everything attached naturally (trees, crops) thereto, theoretically to the highest heavens?

Answer 5

Land

Question 6

What is fructus industriales?

Answer 6

Annual plants that are personal property.

Question 7

What is fructus naturales?

Answer 7

Perennials plants considered real property unless planted in movable containers.

Question 8

What are “Tenements”?

Answer 8

Land and all corporeal and incorporeal rights of land?

Question 9

Tangible (touchable) things such as buildings are what?

Answer 9

Corporeal Rights

Question 10

Intangible (unable to see or touch) things such as an easement or right of way are what?

Answer 10

Incorporeal Rights

Question 11

All corporeal and incorporeal attributes of real estate that can be inherited are__________?

Answer 11

Hereditaments

Question 12

____________ is any right or privileges that moves with the land.

Answer 12

Appurtenance

Question 13

What are some examples of common appurtenances?

Answer 13

Subsurface, air, and riparian (water) rights

Question 14

____________ is used to denote the right of a tenant to reenter the property and harvest annual crops after termination of the tenancy.

Answer 14

Emblements

Question 15

Rights in real property allowing minerals to be taken from the earth are ___________.

Answer 15

Subsurface or Mineral Rights

Question 16

Permits that allow the use of land for mineral exploration and mining operations are __________.

Answer 16

Mineral Lease

Question 17

What is a mineral royalty?

Answer 17

Income received from leases of mineral land

Question 18

Ownership of and the rights to the area above the surface of the earth are ____________.

Answer 18

Air Rights

Question 19

_________ are appurtenant of an owner of property bordering a flowing body of water.

Answer 19

Riparian Rights

Question 20

The rights of landowners whose property borders an ocean or a lake.

Answer 20

Littoral Rights

Question 21

What is the foreshore? Who owns it?

Answer 21

The land between the mean high watermark and low watermark.

The State of NC

Question 22

What are 4 natural processes that can affect Riparian Boundaries?

Answer 22

• Accretion - Gradual bounds extend
• Reliction - Gradual receding water
• Erosion - Gradual loss of land
• Avulsion - Sudden change in land

Question 23

What is the right of land to be supported in it’s natural state by adjacent land?

Answer 23

Lateral Support

Question 25

What is the right to have one's land supported from below?

Answer 25

Subjacent Support

Question 26

____________ (also referred to as chattel or personalty) is anything that is not real property.

Answer 26

Personal Property

Question 27

Ownership of Personal Property is conveyed by ........................?

Answer 27

Bill of Sale

Question 28

An item of personal property attached to the land or a permanent improvement on the land in such a manner that the law deems it to be part of the real property to which it is attached is ..........................

Answer 28

A Fixture

Question 29

What test is composed of 4 criteria or factors and is used to help determine if an item is a fixture when is it not clear contractually?

Answer 29

Total Circumstance Test

Question 30

What are the 4 criteria or factors for a total circumstance test?

Answer 30

1) Intention 2) Relation of the Attacher 3) Method 4) Adaptation Hint: Aunt IRMA