Property, Estate and Ownership Flashcards
The 5 Bundle of Rights
Use - Right 2 use the property anyways you want
Possess - Right to live on your property and keep people out
Transfer- Right to sell, give, gift or dispose it
Encumber - Right to borrow money and use your property as security for the loan
Enjoy - Right to peace and quiet enjoyment
Personal Property
Not real property, anything that is moveable that is owned personally and chattel
Real Property
- Land and everything attached to the land includes home
- Also include bundle of rights
Land
and what does it include
Physical component of Real Property. Including the sky and subsurface (underground)
Surface Right
Top soil and the use of the soil
Air Right
Right right to own the space on top of your property
Subsurface Right
Right to the natural resources, mineral, oil and whatever’s down there
Attachnments
Items that are attached to the land and belong to the owner
Improvement
Anything that is going to be built permanently on the land
Fixtures
Anything that is permanently attached to the REAL PROPERTY like fans, chandelier etc
5 Method of Fixture: MARIA
Method of Attachment:
- How did it attach to the property
Adaptation:
- Has it been made specially for the property?
Relation of Parties:
- Relationship between both parties: landlord vs tenant, buyer vs seller or lender vs borrower
Intentions:
- When the items is installed, if you want it to be permanent then it’s fixtured
Agreement of the Parties:
- Agreement between two parties could replace other rules of fixture
Trade Fixtures
Tenant’s personal property such as shower, overs and other big stuff.
They take it with them when they leave and responsible for any repairing damage
Fructuc Naturales
Plant, tree grass and stuff
when they buy the house, they get all of these
Fructuc Industriales
Annual crops and fruits
Consider as personal property
Appurtenance
Anything that is add on to the property and when it’s sold. The new owner get all that stuff too.
Like a water tank, a pond, washer dryer etc…
Anything used with land for its benefit is known as a(n):
Easement
Allow a person to use a land that they do not own with certain rules restricted
Anything immovable by law
Things that cannot move themselves must come with the property
Estates
Ownership of one person in real property