Real Property and the Law

Question 1

Land

Answer 1

the earth’s surface extending downward to the center of the earth and upward to infinity

Question 2

Immobility

Answer 2

characteristic of land that the geographic location of any given parcel can never be changed

Question 3

Indestructibility

Answer 3

permanence of land

Question 4

Uniqueness

Answer 4

nonhomogeneity - no two parcels of land are identical

Question 5

Real Estate

Answer 5

land plus all human-made improvements to the land that are permanently attached

Question 6

Land Improvement

Answer 6

any artificial thing attached on or below ground ie. building, fence

Question 7

Real Property

Answer 7

the interests, benefits and rights that are automatically included in the ownership of real estate

Question 8

Bundle of Rights

Answer 8

Possession, control within the framework of the law, enjoyment, exclusion, disposition (sell or transfer)

Question 9

Title

Answer 9

right of ownership to the property and evidence of that ownership by a deed

Question 10

Appurtenance

Answer 10

right or privilege associated with the property, although not necessarily a physical part of it ie. parking, water

Question 11

Personal Property

Answer 11

all the property that can be owned and that does not fit the definition of real property - movable

Question 12

Real Property

Answer 12

property that is not movable and is transferred by deed

Question 13

Manufactured Housing is regulated by

Answer 13

HUD

Question 14

Fructus Naturales

Answer 14

trees, perennial shrubbery and grasses - anything that does not require annual cultivation

Question 15

Emblements / Fructus Industriales

Answer 15

Annually cultivated crops that are generally considered personal property

Question 16

Severence

Answer 16

the act of separating something from the land

Question 17

Annexation

Answer 17

the process of turning personal property into real property ie. buying materials and building a structure such as a wall

Question 18

Fixture

Answer 18

personal property that has been so attached to land or a building that it becomes part of the real property

Question 19

Legal Tests of a Fixture

Answer 19

method of attachment, adaptability of the item for the land’s ordinary use, relationship of the parties, intention of the person placing the item, agreement of the parties

Question 20

Trade Fixture

Answer 20

property used in the course of business, dining booths in a restaurant - must be removed on or before the last day the property is rented

Question 21

Accession

Answer 21

trade fixtures that are not removed and become real property of the landlord

Question 22

Riparian Rights

Answer 22

common-law rights granted to owners of land along the course of a flowing body or water, vary by state

Question 23

Littoral Rights

Answer 23

rights given to owners of land that borders commercially navigable lakes, seas and oceans

Question 24

Accretion

Answer 24

amount of land affected by the natural action of water; increased via soil deposits

Question 25

Reliction

Answer 25

when water permanently recedes uncovering more land which then becomes the property of the adjoining landowner

Question 26

Avulsion

Answer 26

the sudden removal of soil by an act of nature

Question 27

Prior Appropriation

Answer 27

when water is scarce, the right to use any water is controlled by the state rather than by the landowner adjacent to it

Question 28

Permanence of Investment

Answer 28

the capital and labor used to build an improvement represent a large fixed investment

Question 29

Area Preference / Situs

Answer 29

based on convenience, reputation and history