Chapter 2-Real Property & The Law

Question 1

What do u call land plus improvements and artificial things like fence, sewer and homes?

Answer 1

Real estate

Question 2

How do u define is something is real property?

Answer 2

Bundle of legal rights included

Question 3

What are the bundle of legal rights? CPEED

Answer 3

Control
Possession
Enjoyment - use it
Exclusion - keep out
Disposition-sell, will, transfer

Question 4

What do u need to prove right of ownership of property including bundle of rights?

Answer 4

A title

Question 5

What shows evidence of ownership by a deed

Answer 5

A title

Question 6

What is the physical document that shows the owner transfers the title?

Answer 6

A deed

Question 7

What do u call parking spaces, etc that are transferred with or “runs with” the land?

Answer 7

Appurtenances

Question 8

What rights are granted to land owners along a body of water? Vary state to state, non-navigable water, own land

Answer 8

Riparian rights

Question 9

What rights do not give owner the body of water wit a navigable channel?

Answer 9

Littoral rights

Question 10

What do u call an increase I land ownership from soil by water?

Answer 10

Accretion

Question 11

What do u call decrease in land from forces?

Answer 11

Erosion

Question 12

What do u call the sudden decrease in land by act of nature?

Answer 12

Avulsion

Question 13

What is the right to use water controlled by state when water is scarce and/or landowner requests a permit and then owns water?

Answer 13

Doctrine of prior appropriation

Question 14

What’s personalty?

Answer 14

Personal property

Question 15

What is a chattel?

Answer 15

Items of personal property

Question 16

Can manufactured housing be personal?

Answer 16

Yes even if only moved once, once it is permanently fixed it becomes real property

Question 17

How do u classify trees?

Answer 17

Real estate-not personal property

Question 18

How do u classify crops?

Answer 18

Personal property-can be claimed after sale

Question 19

How can real property become personal property?

Answer 19

Severance-separating from land

Question 20

How can personal property become real property?

Answer 20

Annexation-i.e. Bricks to sidewalks

Question 21

How do u transfer real property?

Answer 21

By deed

Question 22

How do u transfer personal property?

Answer 22

Bill or sale or receipt

Question 23

What do u call personal property attached so long it becomes real property?

Answer 23

A fixture

Question 24

What are some examples of fixtures?

Answer 24

Heat systems, elevator equipment, cabinets, plumbing

Question 25

How do u know if something is a fixture? MARIA

Answer 25

Method of annexation
Adaptability-fridge match cabinets?
Relationship of parties
Intention of person-supposed to be temporary?
Agreement of parties

Question 26

What’s the most important element in determining whether something is a fixture?

Answer 26

Intention of person

Question 27

What’s another name for chattel fixture?

Answer 27

Trade fixture

Question 28

What do U call something that is removable from property, owned by the tenant, attached for conduction business but just be removed and damage repaired before moving out?

Answer 28

A trade fixture or chattel fixture

Question 29

What happens when trade fixtures are not removed from property and they transfer to the landlord?

Answer 29

Accession

Like a pizza oven

Question 30

Scarcity, improvements, permanence and area preference are characteristics of what kind of real property?

Answer 30

Economic - most impt is area preference. Location location location

Question 31

Immobility, indestructibility and uniqueness are characteristics of what kind of real property?

Answer 31

Physical

Question 32

Define immobility?

Answer 32

Can’t be changed

Question 33

What is another word for homogeneity?

Answer 33

Uniqueness

Question 34

What do u call the 3 areas that make up “land”?

Answer 34

Subsurface, surface and air rights