Real Estate Test Unit 2 Flashcards
constructive annexation
the combination of items into real property that are not fixed or fastened to the property
bundle of legal rights
the concept of land ownership that includes ownership of all legal rights to the land - possession, control within the law, enjoyment, exclusion, and disposition
avulsion
the sudden tearing away of land, as by earthquake, flood, volcanic action, or the sudden change in the course of a stream
area preference
people’s desire for one area over another, based on a number of factors such as history, reputation, convenience, scenic beauty and location
appurtenance
a right, privilege, or improvement belonging to, and passing with, the land
annexation
process of converting personal property into real property
air rights
the right to use the open space above a property, usually allowing the surface to be used for another purpose
accretion
the increase or addition of land by the deposit of sand or soil washed up naturally from a river, lake or sea
accession
acquiring title to additions or improvements to real property as a result of the annexation of fixtures or the accretion of alluvial deposits along the banks of a stream
emblements
growing crops, such as corn, that are produced annually through labor and industry; also called fructus industriales
erosion
the gradual and sometimes imperceptible wearing away of the land by natural forces, such as wind, rain, and flowing water
fixture
an item of personal property that has been converted to real property by being permanently affixed to the realty
improvement
1) any structure, usually privately owned, erected on a site to enhance the value of the property
2) a publicly owned structure added to or benefiting land
land
the earth’s surface, extending downward to the center of the earth and upward infinitely into space, including things permanently attached by nature, such as trees
littoral rights
1) a landowner’s claim to use water in large navigable lakes and oceans adjacent to their property
2) the ownership rights to land bordering these bodies of water up to the high-water mark
manufactured housing
dwellings that are built off site and trucked to a building lot where they are installed or assembled
monhomogeneity
a lack of uniformity
because no 2 parcels of real estate are exactly alike, it is said to be non homogeneous
personalty
personal property
personal property
items, called chattels, that do not fit into the definition of real property; movable objects
possession
owning or occupying a property
prior appropriation
a concept of water ownership in which the landowner’s right to use available water is based on a government-administered permit system
real estate
land and all things attached to it
real estate license law
state law enacted to protect the public from fraud, dishonesty, and incompetence on the part of those they hire to represent them in the purchase and sale of real estate
real property
the interests, benefits, and rights inherent in real estate ownership; often used as a synonym for real estate
reliction
the increase of a landowner’s property by the receding of an adjacent body of water
rescission
the practice of one party canceling or terminating a contract, which has the effect of returning the parties to their original positions before the contract was made
riparian rights
an owner’s rights in land that borders on or includes a stream, river, or lake. these rights include access to and use of the water
severance
changing an item of real estate to personal property by detaching it from the land (cutting down a tree)
situs
the location of land for legal purposes; the jurisdiction in which land is located
subsurface rights
ownership rights in a parcel of real estate to the water, minerals, gas, oil, and so forth that lie beneath the surface of the property
surface rights
ownership rights in a parcel of real estate that are limited to the surface of the property and do not include the space above it
trade fixture
an article installed by a tenant under the terms of a lease that is removable by the tenant before the lease expires
water rights
common law rights held by owners of land adjacent to rivers, lakes, or oceans; includes restrictions on those rights and land ownership