Modern Real Estate Vocab Flashcards
What is Chattel?
Another word for Personal Property which is movable, not permanently attached to the real property and must be included on the Bill of Sale.
What are Appurtenances?
Appurtenances are attached to and run with the land.
Example: landscaping
Real Estate or Real Property consist of what three things?
Land, improvements, rights
A characteristic of real property is ______________
It is immovable
What rights are attached to owning land specifically?
Surface rights, sub-surface rights, & air rights
What are improvements?
Items attached to the land with the intent of being permanent. For example: house, fence, roads, landscaping.
What are the three forms of rights?
Rights in land: air, water, mineral
Rights of ownership: right of the owner to posses, transfer, and control the property
Governmental rights: gives the government the right to determine land use, set taxes, take back property through eminent domain or escheat.
The government controls water rights and grants permits for the beneficial use of water, such as irrigation, under the doctrine of _____________________.
Prior appropriation
Riparian refers to ________________
Littoral refers to ________________
River (flowing water)
Lakes/ oceans (water is standing still)
______________ is the addition to land through natural causes.
Accretion
_________________ is sudden loss of land, from being washed away or another violent act. Example: sink hole
Avulsion
Water right do not include the right of access. The owner of a water right would. It have the right to cross another’s property and would. Red to obtain an ____________ or right of use to do so.
Easement
Mineral rights are often held by a __________________.
Third Party
A _________________ would allow the property owner to lease all three rights (mineral, surface, and air) to different tenants.
Vertical lease
Real estate- transferred by a
Deed
All property that is not real property is _________, is not permanently ___________ and must be ________ in the purchase contract to transfer with the property.
Movable, attached, included
Personal property is transferred by a _______________.
Bill of Sale
A fixture is an object that was once personal property that has been __________________________ so as to become real property.
Attached to an improvement
Land is never a _______________.
Fixture
Once the fixture (personal property) is attached, it becomes an _________________ and is automatically transferred in the deed.
Appurtenance
Test for intent
Was the object affixed or installed with the apparent __________ of improving the land.
Intent
Intent is evaluated by the three A’s
____________, ________________, ________________
Attachment, Adaptation, Agreement
Fixtures must be ___________ from the purchase contract if the seller is not going to convey.
Excluded
What type of property must be included in writing?
Personal property
What type of property must be excluded in writing?
Fixtures
What are emblements?
Annually cultivated crops that belong to the person that planted them, unless agreed otherwise.
Note: never choose emblements
Trade fixtures are considered _______________, and are transferred by a ________________.
Personal property, bill of sale
What are the three most common methods of land description?
Metes and bounds, rectangular (government) survey, recorded plat.
A survey is used to _______________.
Create or confirm a legal description.
A survey is an __________ measurement of _____________ and the location of _______, _________, and ___________.
Onsite, property lines, houses, easements, and encroachments.
____________ are visible markers that establish property boundaries.
Monuments