Chapter 2 Rights In Real Estate

Question 1

The legal concept of land encompasses

Answer 1

The surface area of the earth enter everything beneath the surface of the earth extending downward to its center

All natural things permanently attached to the earth

The air above the surface of the earth extending outward towards infinity

Question 2

Land includes

Answer 2

All plants attached to the ground or in the ground such as trees or grass a parcel or tract of land is a portion of land delineated by boundaries

Question 3

Definition of a parcel or tract

Answer 3

a parcel or tract of land is a portion of Lee and Dylan needed by boundaries

Question 4

Three unique physical characteristics of land

Answer 4

Immobility indestructibility and heterogenicty

Question 5

The legal concept of real estate encompasses

Answer 5

Land and all man-made structures that are permanently attached to the land
For example fences streets buildings well sewer sidewalks in PIERCE also known as improvements

Question 6

To classifications of property

Answer 6

Real property and personal property

Question 7

Definition of real property

Answer 7

Real property is ownership of real estate in the bundle of rights associated with owning the real estate

Question 8

Definition of personal property

Answer 8

Personal property is ownership of anything which is not real estate in the rights associated with owning that personal property items of personal property are also called chattels or personality

Question 9

What does the right to encumber the property mean

Answer 9

The right to encumber the property essentially means the right to mortgage the property for collateral that

Question 10

Definition of surface rights

Answer 10

Surface rights applied to real estate contained within the surface boundaries of the parcel this includes the ground all natural things affixed to the ground and all improvements surface routes also include water rights

Question 11

Water rights Depend on three variables what are the three variables

Answer 11

Whether the state controls the water whether the water is moving or the water is navigable

Question 12

Literal water rights

Answer 12

Latourell rights concern properties of budding bodies of water that are not moving such as lakes were sees ownership extends to the high watermark of the body of water owners do not own the land beneath the water NAV a good bodies of water are public property owned by the state

Question 13

Riparian rights

Answer 13

For non navigable bodies of water the owner owns the the midpoint of the stream.

If navigable the owner owned to the edge of the water
Both littoral and riparian rights attach to the property.

Question 14

Adaptation with respect to real versus personal property

Answer 14

If an item is uniquely adapt to the property or the property is custom design to accommodate the item at Mimi teams real property

Question 15

Trade fixtures do they belong to the landlord or the tenant if the trade fixture is left what happens to it

Answer 15

Trade fixtures belong to the tenant and can be removed upon surrender of the lease show the tenant failed to remove the trade fixture it may become property of the landlord through Accession

Question 16

EMBLEMENTS definition

Answer 16

Growing plants including agricultural crops may be real or personal property plants in crops that grow naturally without requiring labor or machinery or considered real property plants in crops requiring human intervention and labor all are called emblements

Question 17

Severance is the conversion of

Answer 17

Real property to personal property by attaching it from the real estate for example cutting down a tree or we will be in antenna from the roof

Question 18

I’m fixing or attachment is the act of

Answer 18

Converting personal property to real property by attaching it to real estate Such as assembly a pile of bricks into a barbecue pit or constructing a boat dock from wood planks

Question 19

Fair housing act of 1968 prohibits discrimination based on

Answer 19

Race religion color or national origin