Unit 2 Flashcards
real property and the law
land
earth’s surface extending downward to the center of the earth and upward to infinity. ownership limited
surface rights, subsurface rights, air rights
3 physical characteristics of land
immobility, indestructibility, and uniqueness
immobility
geographic location of any given parcel of land can never by changed
indestructibility
the geographic location will remain, whatever its condition
uniqueness
no 2 parcels of property are exactly the same or in the same location
real estate
land plus all human-made improvements to the land that are permanently attached to it
improvement
can be any artificial thing attached on or below ground
real property
interests, benefits, and rights that are automatically included in the ownership of real estate
title
1) the right to or ownership the property, including the owner’s bundle of legal rights
2) evidence of that ownership by a deed. the document by which the owner transfers title to the property is the deed
appurtenance
something that is transferred or runs with the land
riparian
water rights
flowing water
littoral
water rights
standing water
accretion
addition to land through natural causes
erosion
gradual wearing away to the land by natural forces
avulsion
sudden loss of land by an act of nature
mineral rights
transferred when property is sold unless reserved by seller
may be leased or sold separately from land
may be held by a third party
water rights
common law or statutory rights held by owners of land adjacent to water and are restrictions on the rights of land ownership
doctrine of prior appropriation
the right to use any water, with the exception of limited domestic use, is controlled by the state
scarcity
the supply in a given location is suitable for a particular use is finite. value in leaving land in natural condition
permeance of investment
the capital and labor used to build an improvement represent a large fixed investment
factory built housing
dwellings that are not constructed at the site but are built off-site and trucked to a building lot where they are installed and assembled
manufactured housing
built specifically to the standards of the department of housing and urban development (HUD)
emblements
personal property (garden)
fixtures
personal property that has been attached to a building or land and it becomes part of the real property (light fixtures)
trade fixture
article owned by a tenant, attached to a rented space or building and used in conducting a business (booths in restaurants)
federal tax law
deduction of interest paid on a home mortgage
environmental law
disposition of hazardous materials found on a property
agency law
represent of clients
contract law
agreement between parties in a real estate brokerage, agency relationship or transaction
zoning law
regulations on use of land
real estate license law
requirements to become a real estate professional