Section 8 Flashcards
includs ground + trees + below the ground to the center of earth + sky and
above into infinity
land
includes land + man-made improvements
real estate
including real estate + bundle of rights.
real property
include both land and water rights
surface rights
include mineral rights and the rights to petroleum and natural gas.
subsurface rights
include the right to use the space above the land.
air rights
associated with land bordering moving water with ownership ending at the bank
or shoreline.
Riparian rights
associated with land bordering tidal bodies of water with ownership ending at the
average height of water over 18.6 years or “average high-water mark.”
Littoral rights
the process of land increasing from the water depositing rock, sand, and soil.
accretion
the loss of land due to natural forces including tides and currents.
erosion
the actual deposit of land material from the process of accretion.
Alluvion
the gradual receding of water which leaves land to be claimed through new ownership
descriptions
Reliction
consists of items having a limited life, which are
easily movable from one place to another.
Personal property
become real property through attachment and return to personal property through
severance.
Fixtures
a piece of equipment placed on or attached to commercial real estate used in trade
or business.
trade fixture
The bundle of legal rights include:
the right of possession the right of enjoyment the right of disposition the right of control the right of exclusion.
refers to the degree, quantity, nature, and extent of the interest a person can have in
real property.
estate
ownership for an indefinite length duration
freehold estate
for a fixed duration
leasehold estate
includes all of the bundle of rights
fee simple estate
The grantor extends use of the property to the holder of the ____ ______ based on the span of
someone’s life
life estate
passes to a third person at the end of the life estate period.
remainderman estate
is returned to the person that created it.
reversionary life
creates a legal life estate for the property owners and the spouses of the owners.
Homesteading property
In severalty is
sole ownership
The four unities are
time
deed
possession
interest.
transfers ownership to the remaining owners upon an owner’s death
right of survivorship
has no right of survivorship and requires only the unity of possession.
tenancy in common
has right of survivorship and requires all four unities
Joint tenancy
co-ownership as spouses. Must have all four unities to be created and has right of survivorship
Tenancy by the entireties
defined as being exempt from a claim by creditors or
surviving descendants
Exempt property
must be written to be enforced per the Statute of Fraud
leases for periods longer than one year
has a specific end date and must be in writing.
estate for years
tenancy for years
has a beginning date but does not have an ending date and automatically renews until notice is given.
tenancy at will
A week-to-week lease tenancy at will requires a __ day notice to terminate
7