Real Property Ownership in Colorado: Unit 1 Flashcards

Distinguishing between land, real estate, and real property.

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1
Q

Real property ownership includes rights of…

A

enjoyment, disposition, possession, control, exclusion

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2
Q

Land is defined as…

A

the earth’s surface, extending downward to the center of the earth and upward to infinity, including permanently attached natural objects

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3
Q

personal property

A

everything that is not real property, belongs to the seller and can be removed

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4
Q

real estate

A

land, plus all things permanently attached to it naturally or artificially

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5
Q

real property

A

real estate, plus the interests, benefits, and rights included with real estate ownership

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6
Q

improvements

A

artificial attachments to land that includes such things as fencing, buildings, and walkways

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7
Q

fixtures

A

anything permanently attached to the land or permanent structures on the land, part of real property unless otherwise negotiated

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8
Q

chattel

A

another word for personal property

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9
Q

five basic tests to determine if an item is a fixture (MARIA)

A

method of annexation, adaptability for use, relationship of the parties, intention in placing, agreement of the parties

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10
Q

annexation

A

occurs when personal property is attached to real property, making it a fixture

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11
Q

severance

A

occurs when an item that was real property becomes personal property by detaching it from the land

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12
Q

emblements

A

cultivated crops, considered personal property

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13
Q

possession

A

right to occupy the property

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14
Q

control

A

right to determine interest in the property for others

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15
Q

enjoyment

A

right to possess the property without harassment or interference

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16
Q

exclusion

A

right to refuse other interests in your property

17
Q

disposition

A

right to determine how, when, and whether the property is to be sold, leased, mortgaged, or transferred

18
Q

trade fixtures

A

affixed items that are uninstallable

19
Q

fixture

A

part of the real property being conveyed in a real estate transaction and should remain

20
Q

Method of Annexation

A

attachment, refers to whether the item is attached to the property and how permanent the attachment is

21
Q

Adaptation

A

how the item is situated or adapted to the real property, adaptability of item to land’s use

22
Q

Relationship

A

relationship of parties (i.e. tenant/landlord)

23
Q

Intention

A

intention of placing item on land