Chapter 2 basics of real estate law Flashcards

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1
Q

Any man may additions to the land that are permanent

A

Improvements

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2
Q

The ability to use extracted resources, such as stone, gravel and limestone

A

Surface rights

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3
Q

What includes the rights to deed oil, gas, and other minerals?

A

Subsurface rights

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4
Q

Things of temporary or movable nature

A

Personal property

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5
Q

Annual crops that are considered personal property, even though they are attached to the land are

A

Emblements

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6
Q

A body of law developed in England that is based on common sense

A

Common law

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7
Q

The body of laws and regulations, and acted by federal and state legislatures

A

Statutory law

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8
Q

The surface of the Earth, extending downward toward the center of the Earth and upper above surface to infinity, is also known as

A

Land

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9
Q

What is real estate?

A

All that is encompassed in land, with the addition of all man-made additions to the land, such as roads, houses, and commercial buildings

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10
Q

In Texas, the _________ estate is the dominant estate

A

Subsurface

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11
Q

Any man-made addition to the land that is permanent is known as

A

An improvement

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12
Q

Chattel is also known as

A

Personal property

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13
Q

In order for personal property to be a company with the sale of a real property it needs to be accompanied with

A

A bill of sale

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14
Q

When personal property is attached to the land, so that way it becomes real property it is called

A

A fixture

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15
Q

The process of attaching a fixture

A

Annexation

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16
Q

Another word for removing a fixture

A

Severance

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17
Q

What three tests do courts apply to determine if something is a fixture or personal property

A

Intention of parties, method of attachment, adaption to the property

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18
Q

What home is built in a factory according to a federal building code and is built on a frame that includes axles and towing components?

A

Manufactured home

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19
Q

What type of home is built offsite in a factory and his built to comply with local building codes?

A

Modular homes

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20
Q

Land has three physical characteristics what are they?

A

Indestructibility, immobility, non-homogeneity

21
Q

What are the four economic characteristics of land?

A

Scarcity, modification, fixity, and situs

22
Q

_______ comes from the theory of supply and demand

A

Scarcity

23
Q

Modification is

A

Man made changes to the land

24
Q

Land and additions to the land, such as buildings, take long periods to pay for themselves

A

Fixity

25
Q

Location, location, location

A

Situs

26
Q

In Texas what are the three ways that ownership can be held?

A

Estate in severalty, coownership, trust

27
Q

________ involves ownership of real estate buy one individual or entity

A

Estate in severalty

28
Q

A co-ownership

A

Involves ownership of real estate by two or more entities

29
Q

What is the most common co-ownership?

A

Tenancy in common

30
Q

True or false : If only one signature is required on a deed conveying, full ownership of the property to another, the seller owns the Estate in severalty

A

True

31
Q

If tenants in common decide if they want to split their land, how can they do so

A

With a partition

32
Q

A poor man’s will is also known as

A

Joint tenancy

33
Q

In order to create a joint tenancy four unities are required

A

Time, title, interest, possession

34
Q

What is a Spanish law that considers marriage a partnership rather than a husband and wife becoming one?

A

Community property

35
Q

Property that is owned by a married person that is not considered community property is

A

Separate property

36
Q

An entity created for the benefit of another

A

Trust

37
Q

A business venture owned by one individual

A

Sole proprietorship

38
Q

A business entity that can be created by a simple, written or oral agreement

A

Partnership

39
Q

A group of individuals that join together for a single business venture

A

Joint venture

40
Q

Condominiums are established under laws referred to as

A

Horizontal property acts

41
Q

In a condominium

A

Each unit is a separate legal ownership, and each resident arranges his or her own financing

42
Q

Attached units that share one or more common walls with other units (party walls)

A

Townhomes

43
Q

True or false: owners within a cooperative do not own a specific unit

A

True

44
Q

Timeshares are often referred to

A

Interval, ownership

45
Q

The first federal fair housing law was

A

The civil rights act of 1866

46
Q

True or false: when advertising you can indicate a limitation or preference, based on race, color, national origin, religion, sex, familial, status, or handicap

A

False

47
Q

What is the best practice when advertising?

A

Describe the property as opposed to describing the occupant our owner

48
Q

The American with disabilities act requires

A

The removal of architectural and communication barriers

49
Q

Who are exempt from the ADA?

A

Single, family homes, private clubs, historic buildings, and religious organizations