Chapter 2-Real Property & The Law Flashcards

1
Q

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

A

Real estate

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2
Q

How do u define is something is real property?

A

Bundle of legal rights included

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3
Q

What are the bundle of legal rights? CPEED

A
Control
Possession
Enjoyment - use it
Exclusion - keep out
Disposition-sell, will, transfer
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4
Q

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

A

A title

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5
Q

What shows evidence of ownership by a deed

A

A title

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6
Q

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

A

A deed

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7
Q

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

A

Appurtenances

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8
Q

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

A

Riparian rights

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9
Q

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

A

Littoral rights

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10
Q

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

A

Accretion

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11
Q

What do u call decrease in land from forces?

A

Erosion

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12
Q

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

A

Avulsion

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13
Q

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

A

Doctrine of prior appropriation

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14
Q

What’s personalty?

A

Personal property

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15
Q

What is a chattel?

A

Items of personal property

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16
Q

Can manufactured housing be personal?

A

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

17
Q

How do u classify trees?

A

Real estate-not personal property

18
Q

How do u classify crops?

A

Personal property-can be claimed after sale

19
Q

How can real property become personal property?

A

Severance-separating from land

20
Q

How can personal property become real property?

A

Annexation-i.e. Bricks to sidewalks

21
Q

How do u transfer real property?

22
Q

How do u transfer personal property?

A

Bill or sale or receipt

23
Q

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

24
Q

What are some examples of fixtures?

A

Heat systems, elevator equipment, cabinets, plumbing

25
How do u know if something is a fixture? MARIA
``` Method of annexation Adaptability-fridge match cabinets? Relationship of parties Intention of person-supposed to be temporary? Agreement of parties ```
26
What's the most important element in determining whether something is a fixture?
Intention of person
27
What's another name for chattel fixture?
Trade fixture
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?
A trade fixture or chattel fixture
29
What happens when trade fixtures are not removed from property and they transfer to the landlord?
Accession | Like a pizza oven
30
Scarcity, improvements, permanence and area preference are characteristics of what kind of real property?
Economic - most impt is area preference. Location location location
31
Immobility, indestructibility and uniqueness are characteristics of what kind of real property?
Physical
32
Define immobility?
Can't be changed
33
What is another word for homogeneity?
Uniqueness
34
What do u call the 3 areas that make up "land"?
Subsurface, surface and air rights