Property Rights

Question 1

Real Property vs Personal Property

Answer 1

Real- the land and everything attached to it

Personal- anything not attached to land

Question 2

Real property

Answer 2

is the land, anything attached to the land, and all of the various rights associated with ownership of the land. (real estate, realty, or immovable property)

Question 3

Ownership of real property is transferred (or conveyed) using a…

Answer 3

Deed

Question 4

Transferring ownership (legal title) to real estate is known as

Answer 4

Granting Title

Question 5

Bundle of Rights

Answer 5

is a grouping of property rights that can be separately transferred such as possession, exclusion, control, disposition, and enjoyment.

Question 6

Improvements

Answer 6

anything that is permanently attached (either directly or indirectly) to the land. Individual improvements attached to the property (e.g. window blinds) are sometimes referred to as fixtures.

Question 7

doctrine of capture

Answer 7

the owner of the land has the right to capture mineral rights

Question 8

utilization pooling

Answer 8

where the landowner does own a fraction of whatever liquid mineral rights exist under their property.

Question 9

“navigable” air space

Answer 9

between 80-500ft is the jurisdiction of the Federal Aviation Authority per the court case United States v. Causby.

Question 10

Riparian Rights

Answer 10

(river) the ownership rights for land owners whose property borders a river or other waterway. Property bordering a navigable river has rights up to accretion line (the edge) of the water, and those properties adjoining non- navigable rivers have rights to the midpoint of the water.

Question 11

the doctrine of prior appropriation

Answer 11

bases ownership on whoever used the water first (mostly western states)

Question 12

Littoral Rights

Answer 12

ownership rights of property bordering lakes and oceans. These properties own all of the land up to the accretion line (the edge of the water, most often the mean high tide line) in most states.

Question 13

Colonial Ordinances of 1641-1647

Answer 13

littoral rights in Massachusetts extend from the mean high-water line to the mean low-water line, or 100 rods (1650 feet) from the mean high-water line, whichever is less.

Question 14

easement

Answer 14

The public has a right of access over the land between the high and low water lines (known as tidal flats) for the purposes of navigation, fishing, fowling, and passing freely over and through the water.

Question 15

Appurtenances

Answer 15

any property rights that exist outside the boundaries of the property itself. An example of an appurtenance is as an easement (right of way) across an adjoining property for beach access, or a deeded parking spot in a condominium building.

Question 16

Personal Property

Answer 16

any property that is not attached to a piece of land, and not attached to any improvement on that land (e.g. a car or a table). It is also called personalty, chattel, or moveable property, and is transferred via a bill of sale (the fancy term for a receipt).

Question 17

4 Tests for Personal Property

Answer 17

Attachment – Whether or not the property is permanently attached (e.g. by nails or roots) to the land.

Adaptability – Whether the property is custom built to fit, or generically fits anywhere.

Intention –The intent of the person who installed the property, i.e. did they want to make the property permanent.

Agreement– The buyer and seller of a piece of property can agree to treat a piece of property as either personal or real. This overrides the other tests, but MUST be in writing.

Question 18

Trade fixtures

Answer 18

Items of business property that are somehow permanently attached to the land, but are treated as personal property because they were only installed for the use of one particular business. This is a particular concern in commercial tenants, and is often outlined in their lease to avoid disputes.

Question 19

Emblements

Answer 19

Crops that are planted, and harvested, annually or biannually (like corn or wheat). Plants are usually real estate (since they’re literally growing in the land), but emblements are treated as personal property because they are not intended to be permanent, and are only planted to be harvested. Note that permanent plants like apple trees or vineyards do not qualify as emblements, and are treated as real estate.

Question 20

Annexation

Answer 20

property moves from personal to real (planting a tree)

Question 21

Severance

Answer 21

property moves from real to personal (digging up a tree)