Unit 1 Natl

Question 1

Land

Answer 1

earth’s surface extending downward to the center of the earth and upward to infinity. (Not airspace)

Question 2

Real estate

Answer 2

land plus all human-made improvements to the land that are permanently attached (annexed) to it.

Question 3

improvement

Answer 3

any artificial thing attached on or below ground, such as a building, fence, water line or sewer pipe, as well as growing things that are made part of the landscape.

Question 4

Real property

Answer 4

the interests, benefits, and rights that are automatically included in the ownership of real estate.

Question 5

bundle of legal rights

Answer 5

right of: possession, to control the property within the framework of the law, enjoyment, exclusion, and disposition.

Question 6

appurtenance

Answer 6

(something that is transferred with or “runs with” the land) is a right or privilege associated with the property. Ex: parking lot, easement, water rights, improvements. Transfers to the new owner when sold.

Question 7

Surface rights

Answer 7

ownership rights on the surface of the earth.

Question 8

Subsurface rights

Answer 8

the rights to the natural resources below the surface of the earth. Ex: oil, natural gas in shale rock.

Question 9

Air rights

Answer 9

rights to use the space above the earth may be sold or leased independently, provided the rights have not been limited by law.

Question 10

Water rights

Answer 10

common-law (historical) or statutory rights held by owners of land adjacent to rivers, lakes or oceans and are restrictions on the rights of land ownership.

Question 11

Riparian rights

Answer 11

common-law rights granted to owners of land along the course of a river, stream, or similar flowing body of water. Remember R=River.

Question 12

Littoral rights

Answer 12

owners whose land borders commercially navigable lakes, seas, and oceans. Unrestricted use of water but own only up to the average high-water mark L=Lake.

Question 13

Accretion

Answer 13

increases in the land resulting from the deposit of soil by the water’s action.

Question 14

Erosion

Answer 14

gradual and sometimes imperceptible wearing away of the land by natural forces, such as wind, rain, and flowing water.

Question 15

Avulsion

Answer 15

sudden removal of soil by an act of nature. Loss of land in a much less subtle manner than erosion. Ex: earthquake, mudslide or sinkhole.

Question 16

Doctrine of Prior Appropriation

Answer 16

the right to use any water, with the exception of limited domestic use, is controlled by the state rather than by the landowner adjacent to the water.

Question 17

Personal Property

Answer 17

all the property that can be owned and that does not fit the definition of real property. (movable) Also called Chattels.

Question 18

Manufactured housing

Answer 18

built specifically to the standards of the Dept of Housing and Urban Dev. (HUD). becomes real property once permanently affixed to the land.

Question 19

emblements

Answer 19

fructus industriales, annually cultivated crops such as fruits, vegetables and grain. Personal property. If a property sells the previous owner can come back and harvest these.

Question 20

severence

Answer 20

when an item of real property becomes personal property. Ex: a growing tree. Literally severing it from the property. An apple becomes personal property once it is picked from the tree.

Question 21

Fixtures

Answer 21

personal property that has been so attached to land or a building that, by law, it becomes part of the real property. Ex: heating systems, kitchen cabinets, built in microwave, ceiling fan or fireplace mantle.

Question 22

Legal tests of a Fixture

Answer 22

Method of annexation
Adaptability of the item for the land’s ordinary use
Relationship of the parties
Intention of the person in placing the item on the land
Agreement of the parties

Question 23

trade fixtures

Answer 23

article owned by a tenant, attached to a rented space or building, and used in conducting a business. Any counters, shelves, stoves, as long as doesn’t affect the structure of the building. If it is removed before lease end.

Question 24

accession

Answer 24

trade fixtures are not removed by lease end and become real property of the property owner.

Question 25

Four economic Characteristics of Real Property

Answer 25

Scarcity
Improvements
Permanence of Investment
Area Preference

Question 26

Three Physical Characteristics of Real Property

Answer 26

Immobility
Indestructibility
Uniqueness

Question 27

Title

Answer 27

right to ownership of a real property and the evidence of ownership provided by a written document

Question 28

Deed

Answer 28

the written document of property ownership

Question 29

Police power

Answer 29

the states power to enact legislation to preserve order, protect the public health and safety, and promote the general welfare of its citizens.

Question 30

Legal description

Answer 30

detailed way of describing a parcel of land for documents such as deeds and mortgages that will be accepted in a court of law.

Question 31

survey

Answer 31

the process by which boundaries are measured by calculating the dimensions and area to determine the exact location of a piece of land.

Question 32

Three methods of real estate

Answer 32

Metes and Bounds
Rectangular (govt) survey system
Lot and Block (plat)

Question 33

Metes and Bounds

Answer 33

oldest method found in the U.S. Used in the original 13 colonies. Metes=Measure Bounds=Linear Direction. Uses a Point of Beginning (POB) and uses artificial landmarks called Monuments. and always ends back at the POB. Uses degrees.

Question 34

Rectangular (Govt) survey system

Answer 34

established by Congress in 1785. Dividing land into rectangles. Principle Meridian= N and S. Base Line= W and E. Township Lines = W and E and Range Lines= N and S. Each township contains 36 sections. Each section is 1 sq mile or 640 acres. with 43, 560 sq ft in each acre. Section 16 set aside for a school. Starts at top right and moves left and down. Read back to front.

Question 35

Lot and Block (plat) method

Answer 35

the plat map is a map of a town, a section, or a subdivision, indicating the location and boundaries of individual properties. Mostly used method in urban areas. Lot refers to the numerical designation of any particular parce. The block refers to the name of the subdivision under which the map is recorded.

Question 36

air lots

Answer 36

composed of the airspace within specific boundaries located over a parcel of land.

Question 37

datum

Answer 37

point, line, or surface from which elevations are measured or indicated for the purpose of the US Geological Survey.

Question 38

Monuments

Answer 38

mark surface measurements between points

Question 39

Benchmarks

Answer 39

monuments that have been established as permanent reference points throughout the US. Embossed brass markers set into solid concrete or asphalt bases.

Question 40

enabling acts

Answer 40

states delegate to counties and local municipalities the authority to enact ordinances in keeping with general laws.

Question 41

Comprehensive Plan

Answer 41

master plan, is not a regulatory document, but a guide that tries to anticipate changing needs. Like I helped Brooklyn Center with.

Question 42

Zoning ordinances

Answer 42

implement the comprehensive plan and regulate and control the use of land and structures within designated land-use districts, in part by separating conflicting land uses.

Question 43

Planning Unit Development (PUD)

Answer 43

land is set aside for mixed-use purposes, such as residential, commercial and public areas.

Question 44

buffer zones

Answer 44

transition from one use to another. landscaped parks, playgrounds and hiking trails to separate residential from nonresidential zones.

Question 45

nonconforming use

Answer 45

grandfathered in. If a zoning changed from light industrial to residential a business may be grandfathered in until the building is destroyed/torn down.

Question 46

conditional use permit

Answer 46

special-use permit. allow a special use of property that is defined as an allowable conditional use within that zone, such as a house of worship or daycare center in a residential district.

Question 47

variance

Answer 47

provide relief if a zoning regulation deprives an owner of the reasonable use of the property. Owner must prove that the regulation has caused harm or created a burden.

Question 48

building codes

Answer 48

requirements for such tings as material and standards of workmanship, sanitary equipment, electrical wiring, and fire prevention.

Question 49

certificate of occupancy

Answer 49

indicates that the property is suitable for habitation and must be issued before anyone moves in and usually before a lender will allow closing.