The Nature of Real Property - Vocabulary Flashcards
air rights
The real property right to the reasonable use of the airspace above the surface of the land.
appurtenance
anything affixed to or used with land for its benefit that is transferred with the land.
base line
Imaginary lines that run east-west and intersect meridians that run north-south to form the starting point for land measurement using the rectangular survey system of land description.
bill of sale
written instrument that conveys title to personal property.
bundle of rights
the legal rights of ownership of real property, including the rights of possession, use, disposition, and exclusion of others from the property.
civil law
legal system based on laws and regulations, without the influence of judicial decisions as in the common law system.
common law
the body of law from England based on custom, usage, and court decisions.
community property
all property acquired by spouses during marriage except that qualifying as separate property.
correction line
guide meridians running every 24 miles east and west of a meridian, and standard parallels running every 24 miles north and south of a base line, used to correct inaccuracies in the rectangular survey system of land description caused by the earth’ curvature.
correlative use
doctrine that states that property owners may use a reasonable amount of water from an underground source, but not to the detriment of adjoining property owners.
emblements
crops produced annually by labor and industry as distinguished from crops that grow naturally on the land.
fixture
anything permanently attached to land or improvements so as to become real property.
fructus industriales
plant growth that is the result of cultivation.
fructus naturales
plant growth that does not require cultivation, such as natural trees, grasses, and shrubbery
land
the earth’s surface, including substances beneath the surface extending downward to the center of the earth and the airspace above the surface for an indefinite distance upward
legal description
a land description used to define a parcel of land to the exclusion of all others that is acceptable by a court of law.
littoral rights
Right to use water from a lake or other body of still water by adjoining property owners.
lot and block system
subdivision system; method of legal description of land using parcel maps identified by tract, block, and lot numbers.
markers
natural or artificial object used to identify locations in a metes and bounds description. Also called monuments.
meridians
Imaginary lines that run north to south and intersect base lines that run east to west to form the starting point for land measurement using rectangular survey system of land description.
metes and bounds
method of legal description of land using distances (called metes) measured from a point of beginning and using natural or artificial boundaries (called bounds) as well as single objects as points of reference.
- could refer to sections in a township
- could use words such as commencing and ending
mineral rights
right of the owner of real estate to explore for and remove solid, liquid, and gaseous substances from the property; can be transferred independently of the right to occupy the property’s surface
monuments
natural or artificial object used to identify locations in a metes and bounds description. Also called markers.
personal property
all property that is not real property
plat map
subdivision map showing division of property into tracts, blocks, and lots.
point of beginning
the place at which a legal description using metes and bounds starts
ranges
in the rectangular survey system of land description, townships running east and west of a meridian.
real estate
real property; land; includes the surface of the earth, the substances beneath the surface, the airspace above the surface, fixtures, and anything incidental or appurtenant to the land.
rectangular survey system
section and township system; U.S. government survey system; method of legal description of land using areas called townships measured from meridians and base lines.
right of appropriation
right of government to take, impound, or divert water flowing on the public domain from its natural course for some beneficial purpose.
riparian rights
the right of a landowner whose property borders a lake, river, or stream to the use and enjoyment of the water adjacent to or flowing over the property, provided the use does not injure other riparian landowners.
section
a standard land area of one mile square, containing 640 acres, used in the rectangular survey system of land description.
subdivision map
document showing division of land into two or more parcels, required before subdivision approval.
tiers
in the rectangular survey system of land description, townships running north and south of a base line.
township
a standard land area of six miles square, divided into 36 sections of one mile square each, used in the rectangular survey system of land description.
underground water rights
right to remove water from aquifers and other sources below the surface of the land.
water rights
right to use of water found at surface of land and underground.
