Unit 1 Nature Discription And Use Of Real Estate Flashcards
What is Real Property?
Real property is defined as the land, everything attached to the land, and everything appurtenant to the land.
The Bundle of Legal Rights include:
Right of : Disposition Right of : Enjoyement Right of : Exclusion Right of : Posession Right of : Control
Land rights include:
- Surface
- Subsurface
- Air
Riparian means:
R= River
Flowing water
Littoral:
Standing water
Boundary shifts may occur due to the following:
Accretion- addition to land by natural causes.
Reliction- land acquired from receding water.
Erosion-gradual wearing away of land, may cause owner loss of land.
Avulsion-sudden loss of land. Through being washed away or other violent acts.
Real Estate is transferred by:
A Deed
Chattel
Personal Property
All property that is not real property is:
Personal property
Does not transfer with real estate
Personal property is transferred by:
A Bill of Sale.
An object that was once personal property which has been attached to an improvement so as to become real estate is a :
Fixture.
(Once attached , it becomes an appurtenance and is automatically transferred in the deed).
The total circumstances test (IRMA) is:
I ntent of the attacher
R elationship of the attacher to the property
M ethod of attachement
A daptation to real estate
A greement
A Trade Fixture is:
tenant installed additions that are a necessary part of the tenants trade or business.
True or False
If a tenant does not remove trade fixtures by lease termination they will belong to the landlord.
True
Emblements:
(Fructus Industriales) annually cultivated crops that are personal property.
Also fructus naturales.
Transferred by Bill of Sale.
To be converted to real property a mobile home or trailer must be:
- Attached to a permanent foundation
- have hitch and axels removed
- ** have a cancelled DMV title.
( must meet state contruction regulations)
Physical characteristics of land:
- immobile
- indestructible
- unique