Module 1 Flashcards
_____ is the entire non-reproducible, physical universe outside of humans. All air, soil, minerals and water, all natural resources, as well as the ground are included in the
definition of _____?
Land
Characteristics of Land
Immobility, Finiteness, Permanence, Unique, Physical Features
Earliest source of authority to use the land based on the Judeo-Christian
tradition as contained in Genesis & on the Greek Myth of Prometheus.
God
The later source of authority to use land as contained in the Regalian Doctrine & the Spanish Encomiendas.
State or Society
Highest form of tenure on land that is bestowed by the state on an individual through a legal title that gives owner right to dispose of his property.
Fee Simple Absolute
Introduced the idea that man is part of
nature / harmony with nature.
Eastern and Indian Traditions
A concept also of biblical origin but emphasizing the idea of prudent management of something held in trust.
Stewardship
Another concern for good land use that later evolved, although there is uncertainty as to the time span of concern for the future
Concern for Posterity
By Gifford Pinchot, a modern idea on land use that has a wider meaning than preservation that includes concept of stewardship & posterity (sustained yield & multiple use).
Conservation
Land is the solid portion of the earth (also known as _____?) on which we live our daily lives
Terra Firma
In a legal sense, land is any ground, soil, or earth that is regarded as the _____?, and everything annexed to it whether by nature or by man extending indefinitely vertically upwards and downward
Subject of Ownership
The legal or governmental attributes of land include?
Ownership type, Bundle of rights attached to the property, the type and amount of taxation, zoning and
building laws, planning and restrictions.
In a legal sense, this refers to surface resources & thin layer of subsurface and
suprasurface resources man uses in his daily life
Land
In an economic sense, land is a _____? but it can also be man-made; often regarded as a _______? that can be supplied to meet certain requirements for the satisfaction of human wants.
Natural Resource, Good or Commodity
Why is land now a scarce resource?
Due to population increase versus the finiteness of land
Means “the owner of the land owns everything up to the sky and down
to the center of the earth”.
A. aut neca aut necare
B. cuius est solum, eius est usque ad coelum et ad inferos
C. barba tenus sapientes, barba crescit caput nescit
D. damnant quod non intellegunt
B. cuius est solum, eius est usque ad coelum et ad inferos
How to conduct a fixture or chattel test?
Through:
1. Degree and Method of annexation
2. Object and Purpose of annexation
What are the limitations on a land owner’s rights?
- Airspace
- Water
- Boundaries—presumptions
- Land—minerals.
- Chattels—fixtures or not?
- Wild animals.
- Social legislation—planning, housing.
the owner of land has rights over his _____. Invasion of the airspace at the ______? (extending to about 200 meters from roof level), amounts to trespass.
Airspace, Lower Stratum
The general public has rights to take advantage of the _____?, for all that ‘science now offers in the use of airspace’ if use would not cause economic interference and loss of enjoyment to the owner of the land.
Upper Stratum
Any physical property that is permanently attached (fixed) to real property (usually land). Ownership of land includes ownership of ____? on the land.
Fixtures
An object found buried in the ground belongs to the owner of the land called?
Underground Objects
Where the object or item found buried in the ground amounts to _____?, the rightful owner is the State.
Treasure Trove
The owner of the land has a qualified property in wildlife such as _____? which are found within the boundaries of his land.
Wild Animals and Fish
An object _______? belongs to the finder (if he is not a trespasser) unless the owner of the land manifested intention to retain control over such items.
Found on the Ground
Functions of Land
Land (is):
- Supports Life
- Territory
- Property
- Economic Resource
- Source of Wealth
- Factor of Production (Land also Labors and Capital)
- Commodity/Consumption Good
- Living Space
- Supports Ecosystems
State or fact of exclusive rights and control over a property. This implies responsibility: the owning entity makes rules governing the use of the
property
Ownership
Land ownership involves _____? which is the right to use, rights to develop, dispose, destroy, control,
etc.
Bundle of Rights
_____? is the key building block in the development of the capitalist socio-economic system
Ownership
To own and operate property, _____? have been created in many societies e.g.
cooperatives, corporations, trusts, partnerships, associations are only some of the varied types of structured ownership.
Systems
The right or capacity to have and to hold land for certain uses. It also means:
- Holding of a property by reference to a superior
- Exclusion of others in the use and disposal of the land
- Period of time for which the property is held
Land Tenure
Right held by the State to take title of private land by government for public
or quasi-public use, aka right of eminent domain
Right to Condemn
Right held by the State to protect and promote public health, safety, morals and general welfare
Police Power
Right held by the State to force land to revert to public ownership if (a) taxes are not paid; (b) the land is abandoned; (c) there are no heirs to the land.
Power of Escheat
Right held by the state in regards to real property, idle land, land transfer, and public land use taxes
Right to Tax
A legal limitation to the bundle of rights where land use classifications and the allowable utilization under each
classification.
Zoning
A legal limitation to the bundle of rights where the power of government or any of its political subdivisions to impose charge or burden upon persons, property or property rights for the use and support of the government.
Taxation
