Chapter 2-Real Property & The Law Flashcards
What do u call land plus improvements and artificial things like fence, sewer and homes?
Real estate
How do u define is something is real property?
Bundle of legal rights included
What are the bundle of legal rights? CPEED
Control Possession Enjoyment - use it Exclusion - keep out Disposition-sell, will, transfer
What do u need to prove right of ownership of property including bundle of rights?
A title
What shows evidence of ownership by a deed
A title
What is the physical document that shows the owner transfers the title?
A deed
What do u call parking spaces, etc that are transferred with or “runs with” the land?
Appurtenances
What rights are granted to land owners along a body of water? Vary state to state, non-navigable water, own land
Riparian rights
What rights do not give owner the body of water wit a navigable channel?
Littoral rights
What do u call an increase I land ownership from soil by water?
Accretion
What do u call decrease in land from forces?
Erosion
What do u call the sudden decrease in land by act of nature?
Avulsion
What is the right to use water controlled by state when water is scarce and/or landowner requests a permit and then owns water?
Doctrine of prior appropriation
What’s personalty?
Personal property
What is a chattel?
Items of personal property
Can manufactured housing be personal?
Yes even if only moved once, once it is permanently fixed it becomes real property
How do u classify trees?
Real estate-not personal property
How do u classify crops?
Personal property-can be claimed after sale
How can real property become personal property?
Severance-separating from land
How can personal property become real property?
Annexation-i.e. Bricks to sidewalks
How do u transfer real property?
By deed
How do u transfer personal property?
Bill or sale or receipt
What do u call personal property attached so long it becomes real property?
A fixture
What are some examples of fixtures?
Heat systems, elevator equipment, cabinets, plumbing
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
What’s the most important element in determining whether something is a fixture?
Intention of person
What’s another name for chattel fixture?
Trade fixture
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
What happens when trade fixtures are not removed from property and they transfer to the landlord?
Accession
Like a pizza oven
Scarcity, improvements, permanence and area preference are characteristics of what kind of real property?
Economic - most impt is area preference. Location location location
Immobility, indestructibility and uniqueness are characteristics of what kind of real property?
Physical
Define immobility?
Can’t be changed
What is another word for homogeneity?
Uniqueness
What do u call the 3 areas that make up “land”?
Subsurface, surface and air rights
