Unit 2 Flashcards
Land
Earths surface to the center of the earth, the air above it and the trees and water.
3 Physical Characteristic of Land
Immobility: Some aspects of land can be removed but the geographical location will never change.
Indestructibility: Geographical location will remain the same.
Uniqueness or Nonhomogeneity: No two parcels of property are exactly the same.
Real Estate
Defined as land all human-made improvements to the land that are permanently attached to it.
Transferred by a deed.
Improvements
Attached to the land with the intent of being permanent (fences, driveways, buildings)
Publicly owned= Side walk, curb, street or sewer.
Real Property
The interests, benefits and rights that are automatically included in the ownership of real estate.
Bundle of Legal Rights
INCLUDED IN THE DEFINITION OF REAL PROPERTY
Right of possession
Right to control the property within the law
Right of enjoyment (to use the property in any legal manner)
Right of exclusion (to keep others from entering/using the property)
Right of disposition (to sell, will, trade, or otherwise dispose of)
Title to Real Property
Has 2 meanings-
- the right to or ownership of property, including the owners bundle of rights
- Evidence of ownership by a deed
Title
Refers to ownership of the property, not to a printed document. The document by which the owner transfers title to the property is the deed.
Appurtenance
A right, privilege, or improvement belonging to and passing with the land.
- Not necessarily a physical part of it
- Typically include parking spaces, multiunit buildings, easements, water rights and other improvements
- Connected to the property and ownership of the appurtenance normally transfers to the new owner when the property is sold.
Riparian
Land abutting flowing water (R = River)
Littoral
Land abutting standing water (L = Lake)
Accretion
Addition to land through natural causes.
Erosion
Gradually wearing away of land by natural forces.
Avulsion
Sudden loss of land by an act of nature.
Doctrine of Prior Appropriation
The right to use water is controlled by the state rather than the land owners.
A landowner must demonstrate their plans are for beneficial use
The priority of water rights is usually determined by the oldest recorded permit date.