Chapter I: Intro to the Law of Real Property

Question 1

systems of law

Answer 1

1. Federal Law

2. State Law

Question 2

federal law

Answer 2

Laws that are uniform throughout the country.

Question 3

state law

Answer 3

Laws that vary from state to state. Governs the law of real property.

Question 4

classifications of property

Answer 4

1. real

2. personal

Question 5

real action

Answer 5

Led to the return of the thing itself. Was used when land was wrongfully detained by another.

Question 6

personal action

Answer 6

Gave a money claim against the wrong doer. The thing itself was not returned.

Question 7

real property

Answer 7

Land and property that are permanently attached to the land.
i.e. Homes, office buildings, trees

Question 8

personal property

Answer 8

May include living (i.e. animals) and inanimate objects (i.e. television)

Question 9

tangible personal property

Answer 9

Property that has a physical substance.

Question 10

intangible personal property

Answer 10

Set of rights that represent control or ownership of something of value.
i.e. bonds, patents

Question 11

fixture

Answer 11

Item of personal property that becomes real property because of its attachment to the land or a building.

• The more permanent the attachment or annexation, the more likely the court is to determine the item is a fixture.
• Something that specifically was adapted to or enhances the use of a building is likely to be a fixture

Question 12

trade fixtures

Answer 12

Shelving, counters, and other ornamental items installed on property by a tenant to assist a tenant in the conduct of their business.

• Most states allow removal of trade fixtures during or after the term of the lease
• Tenant may have to repair any damage done by removing or adding

Question 13

fixtures in court

Answer 13

• Courts will pay strict attention to the intention of the parties regarding the object and any written intentions are strictly enforced.
• Court generally favors the purchaser and not the seller unless the fixture was removed before the sale or reserved for the seller in the contract

Question 14

fixtures when pledging real property in debt

Answer 14

If pledging real property for a debt fixtures are included in the pledge.

Question 15

Airspace Rights in Real Property

Answer 15

• Public domain airspace occurs at certain, very high, elevations
• Private airspace is of high enough elevation to construct the tallest of buildings
• Can be valuable when building skyscrapers or preserving a scenic view
• Most states allow ownership to preserve sunlight shining into solar panels

Question 16

Mineral rights in real property

Answer 16

Owner generally has rights to all minerals below the land.

• ownership of the surface may be divided and separate from the minerals below the surface
• minerals can be sold or leased to a company that extracts them
• limitations are commonly set to the amount the mineral owner can disturb the surface of the land

Question 17

Plants and the type of property they are

Answer 17

Trees, grass, and preenial bushes that do not require cultivation are real property. Crops produced by labor are personal property.

Question 18

Categories of water sources

Answer 18

Source of water governs a landowner’s right to own and use it.

1. Groundwater
2. Surface water
3. Water in a stream, river, or natural lake

Question 19

groundwater

Answer 19

An underground stream or spring. If it is created by water soaking through the earth then the owner has the right to use it in any way unless it is harmful to adjoining properties.

Question 20

Surface water

Answer 20

Accumulates on land from rain. Landowner can use unless it harms adjoining properties