Real Property Law Flashcards
Land is
The material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock or other substance and includes free or occupied space for an infinite distance upwards as well as downwards.
Fixtures
When it is attached to it by roots
All property is either
Real or personal property
Fee simple absolute
The largest estate permitted by law
Permits to enter allows…
Department personnel to enter private lands in order to investigate potential project locations or conduct tests.
Tenancy in common
Does NOT have rights of survivor ship. Co ownership.
Joint tenancy
Ownership, with the right of survivor ship
Estate for years or fixed term is..
Definite period fixed in advanced by agreement between parities
Elements of an enforceable lease
6 items
- Parties must have capacity
- Mutual assent.
- Consideration or payment. Cash.
- Lawful purpose
- Property must be identified
- Must follow statute of frauds.
Negligence is
Not intentional wrong doing.
Private nuisance
Condition or activity that unreasonably interferes with the use and enjoyment of private property. Example. Excessive noise.
Public nuisance
Interference with a right held in common by the public. Example… pollution of a river.
Trespass is
Unlawful entry on to another’s property.
Improvements pertaining to the realty…
Include machinery and equipment installed for use on property taken by Eminent domain…that cannot be removed without a substantial economic loss.
Rights of entry…we get a possession in use agreement which allow
Possession now and allows the department to put money in escrow to get possession but we still continue negotiations all the way thru eminent domain.
