The Nature of Real Property

Question 1

What are the 5 major rights of ownership and the associated acronym?

Answer 1

PUEDE
1. Possession
2. Use
3. Enjoyment
4. Dispose
5. Exclude

Question 2

Define real property

Answer 2

Real estate plus all the interests, benefits, and the rights inherent in ownership. Often referred to as real estate.

Question 3

Define riparian rights

Answer 3

The rights of a landowner whose land borders on a stream or water course to use and enjoy the water which is adjacent to or flows over the owners land provided that it does not injure other adjacent land owners

Question 4

Define littoral rights

Answer 4

The rights of a landowner whose land borders a pond, lake or ocean shore-line where the body of water is non-flowing.

Question 5

Define fixture

Answer 5

An article of personal property that has been so affixed to real estate that is has become real property

Question 6

Define “personal property”

Answer 6

Things that are tangible and movable

Question 7

What are the 5 tests for a fixture and what is the acronym?

Answer 7

MARIA
1. Method - by which the thing is affixed
2 Adaptability of the thing for the land’s ordinary use
3. Relationship of the parties
4. Intent - most important consideration
5. Agreement of the parties

Question 8

What are the three methods of defining land?

Answer 8

1. Metes and bounds
2. Rectangular survey system
3. Lot and block