Fee Simple Flashcards
is the highest & most complete type ownership of land
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Surface Rights
CONSIST OF THE LEGAL RIGHT TO CONTROL, OCCUPY, AND USE THE SURFACE AREA OF A PARCEL OF REAL ESTATE (THE LAND), INCLUDING THE BUILDING OF IMPROVEMENTS (REAL PROPERTY) AND THE GROWING OF CROPS.
AIR RIGHTS
ARE THE LEGAL RIGHT TO CONTROL,OCCUPY, AND USE AIRSPACE ABOVE A PARCEL OF REAL ESTATE.
SUBSURFACE RIGHTS
REFER TO THE RIGHT TO EXPLORE, DRILL, OR DIG BELOW THE SURFACE FOR MINERALS AND WATER.
IMPROVEMENTS
ARE ADDITIONS MADE TO PROPERTY THAT ARE INTENDED TO ENHANCE IT VALUE.
FIXTURES
ARE ARTICLES THAT WERE ONCE PERSONAL PROPERTY BUT HAVE BEEN AFFIXED TO REAL ESTATE SO AS TO BECOME REAL PROPERTY.
FOUR TESTS TO DETERMINE A FIXTURE
METHOD OF ATTACHMENT, CONSTRUCTIVE ANNEXATION(ADAPTABILITY), AGREEEMENT, RELATIONSHIP OF THE PARTIES
FRUCTUS NATURALES
ARE PERMANANENT PLANTINGS SUCH AS FLOWERS, TREES, AND BUSHES THAT ARE CLASSIFIED AS REAL PROPERTY.
WATER OCCURRING NATURALLY
WATER IN PONDS, LAKES, STREAMS, OCEANS, AND SEAS, IS CLASSIFIED AS REAL PROPERTY.
NAVIGABLE WATERS
TO A BODY OF WATER THAT IS USED FOR COMMERCE OR TRANSPORTATION
LITTORAL LAND
IS PROPERTY THAT BORDERS ON THE SHORE OF A LAKE, SEA OR OCEAN WHICH IS AFFECTED BY TIDAL CURRENTS.
RIPARIAN LAND
IS LAND BORDERING A MOVING WATERCOURSE SUCH AS A STREAM OR RIVER
PRIOR APPROPRIATION
IS A DOCTRINE OF WATER ALLOCATION THAT IS VERY DIFFERENT FROM THE PRINCIPLES ESTABLISHING RIPARIAN RIGHTS
APPURTENANCES
ALL OF THE RIGHTS, PRIVILEGES, AND IMPROVEMENTS THAT BELONG TO , AND PASS WITH THE TRF OF PROPERTY BUT ARE NOT NECESSARILY A PHYSICAL PART OF THE ACTUAL PROPERTY
Physical Characteristics of Land
Immobility
Indestructibility
Non-homogeneity (Heterogeneity)
Immobility
Land is Physically Immobile