Property Law

Question 1

Real Property

Answer 1

the legal right that one has to possess and to sell

Question 2

Fixtures

Answer 2

something that is permanantely attached to the soil –> then it is called LAND

Question 3

Test to determine if it is a fixture or not…

IAP

Answer 3

1. What was the intention of the person installing the item on the land (permanent or temporary)
2. What is the degree of attachment (annexation)?
3. What is the general purpose of the attachment?

Question 4

Soil Beneath and the Air Above

Answer 4

to whoever belongs the soil below, so belongs the sky above and the depths beneath

example used in class: Women’s house – she owns the air above since it affects he enjoyment of the soil above

Question 5

Estates in Land

Answer 5

grants the right to possess the property

Question 6

Fee Tail (Historic only)

Answer 6

transferrable or inheritable

Question 7

Fee Simple

Answer 7

transferrable, without limitation or restriction

Question 8

Co-ownership

Answer 8

• Tenancy in common
• Joint Tenancy

Question 9

Interests in Land… Less than Estates

Easements

Answer 9

the right to use someone else’s land on a permanent basis

Question 10

Four Requirements of Easements

Answer 10

1. Must have a dominant tenement and a servient tenement
2. Have to be able to show that the easement will show the natural enhancement of the dominant tenant
3. Have to be able to show that the ownership is different
4. The land underneath the easement must be specific

Question 11

Once an easement is created…

Answer 11

the land runs with it can remove it through

Question 12

Interests in Land… less than estates

Can remove it through

Answer 12

1. removement by consent
2. application through court

Question 13

Covenants

Answer 13

a serious promise related to land

two types: negative and positive

Question 14

Registration Systems

Answer 14

1. Land Titles System (or Torrens System)
2. Registry system