Introduction to Real Estate CHAP 1 Flashcards
I. California's Real Estate Market II. Real vs. Personal Property III. Methods of Land Description
The basic bundle of rights included with ownership of real property are…
Bundle of Rights
The right of possession
The right to use
The right of transfer(disposition)
The right of exclusion
The right to encumber
BONUS (the right of enjoyment (peace and quiet)
What is the right of possession in relation to the bundle of rights?
the right to occupy, rent or keep others out.
What is the right of enjoyment in relation to the bundle of rights?
the right of “peace and quiet” without interference from past owners and others.
What is the right of control in relation to the bundle of rights?
the right to physically change or keep the property the way you like it. (as long as its legal)
What is the right of disposition in relation to the bundle of rights?
the right to transfer all or part of your property to others as you see fit.
What is a Riparian right?
A riparian right is the right of a landowner to the reasonable use of moving/free-flowing on, under, and adjacent to his/her land
Riparian = RIVERS AND STREAMS
What is a Littoral right?
A littoral right is the right of a landowner to the reasonable use of a non-flowing body of water adjacent to his/her land
Littoral = LAKES & OCEANS
Improvements become real property when they are…
permanently incorporated, integrated in, affixed, or attached to the land.
Appurtenant means ownership that transfers with the land…
automatically without the need of a separate conveyance (runs with the land)
Emblements are planted growing crops that are cultivated annually by a tenant farmer on leased land. Are emblements considered real property or personal property?
Emblements are considered personal property even after the expiration of the lease.
Items of personal property that are attached to, or incorporated into, the land in such a permanent manner as to become real property is called a…
FIXTURE
When buying personal property, your receipt is called a…
BILL OF SALE
What is the ancronym to determine whether or not an item is a fixture
Method of Attachment: if the removal of the item would leave permanent damage or an unusable area, it is surely real property.
Adaptability: Is the item specifically adapted or designed for the property?
Relationship to the Parties: Who is installed this item? (dependent on each course case)
Intention: Who bought this item? Were they intending on keeping it after?
Agreement:What does the contract have to say about this item?
(BLANK) are personal property used in the normal course of business. A tenant may remove any (BLANK) he/she installed provided that the real property is left in the same condition as he/she found it.
TRADE FIXTURES
A (BLANK) is an amount paid, usually as a
percentage of the selling price, to a broker for
services
COMMISSION