chapter 3 Flashcards
What is real estate?
Land
surface of the earth, including all permanently attached natural features, extending downwards to the center of the earth and upwards to infinity.
Real Estate
land plus improvements
Real Property
real estate PLUS the bundle of rights associated with real estate ownership
land + improvements + bundle of rights
in WA, must pass a percolation test to be considered real property
Bundle of Rights
right of
-possession
-use
-transfer
-exclusion
-encumber
Improvements
any non natural structure built on or permanently affixed to the land.
(buildings, fences, decks, and roads)
Quiet Enjoyment
right to use your property without interference. interference from past owners trying to exert possession or literal interference from unreasonable noise (i.e. the city is building an airport next door)
legal Title
the complete legal ownership of real property and the bundle of rights associated
percolation test
test shows how quickly the ground absorbs or drains water.
results are used to determine whether the land is suitable for construction (septic tank system).
right of possession
buyer has ownership of the property
right to use
right to use the property in any way that is not illegal. can control what is built on it, who enters it, the landscaping. anything that is not prohibited by a deed restriction.
difference between right of possession and right of use
possession allows someone to be in and use the property and use allows someone to make changes to the property
right to transfer (disposition)
right to sell, lease, and/or will a property to anyone you choose.
right of exclusion
right to tell trespassers or anyone to get off their land.
right to encumber
right to use the property as collateral for a debt.
(mortgages, easements, and property tax liens)
tangible property
possessions that physically exist