Unit 2

Question 1

Define: Accession

Answer 1

Acquiring title to additions or improvements to real property as a result of the annexation of fixtures or the accretion of alluvial deposits along the banks of streams. 24 (Kyle 519)

Question 2

Define: Accretion

Answer 2

The increase or addition of land by the deposit of sand or soil washed up naturally from a river, lake, or sea. 20
(Kyle 519)

Question 3

Define: Air Rights

Answer 3

The right to use the open space above a property, usually allowing the surface to be used for another purpose. 19 (Kyle 520)

Question 4

Define: Annexation

Answer 4

Process of converting personal property into real property. 22 (Kyle 520)

Question 5

Define: Appurtenance

Answer 5

A right, privilege, or improvement belonging to, and passing with, the land; “runs with the land.” 18 (Kyle 520)

Question 6

Define: Area Preference

Answer 6

People’s desire for one area over another, based on a number of factors such as history, reputation, convenience, scenic beauty, and location. 25 (Kyle 520)

Question 7

Define: Avulsion

Answer 7

The sudden tearing away of land, as by earthquake, flood, volcanic action, or the sudden change in the course of a stream. 21
(Kyle 521)

Question 8

Define: Bundle of legal rights

Answer 8

The concept of land ownership that includes ownership of all legal rights to the land—possession, control within the law, enjoyment, exclusion, and disposition. 17 (Kyle 522)

Question 9

Define: Chattel

Answer 9

Personal property:

Items, called chattels, that do not fit into the definition of real property; movable objects. 21 (Kyle 536)

Question 10

Define: Emblements

Answer 10

Growing crops, such as corn, that are produced annually through labor and industry; also called fructus industriales. 22

Question 11

Define: Erosion

Answer 11

The gradual and sometimes imperceptible wearing away of the land by natural forces, such as wind, rain, and flowing water. 21

Question 12

Define: Fixture

Answer 12

An item of personal property that has been converted to real property by being permanently affixed to the realty. 22 (Kyle 529)

Question 13

Define: Improvement

Answer 13

(1) Any structure, usually privately owned, erected on a site to enhance the value of the property (e.g., a building, fence, or driveway). (2) A publicly owned structure added to or benefiting land (e.g., a curb, sidewalk, street, or sewer). 24

Question 14

Define: Land

Answer 14

The earth’s surface, extending downward to the ce (Kyle 532)

Question 15

Define: Littoral Rights

Answer 15

(1) A landowner’s claim to use water in large navigable lakes and oceans adjacent to her property. (2) The ownership rights to land bordering these bodies of water up to the high-water mark. 20

Question 16

Define: Manufactured Housing

Answer 16

Dwellings that are built off site and trucked to a building lot where they are installed or assembled. 21

Question 17

Define: Nonhomogeneity

Answer 17

A lack of uniformity; dissimilarity. Because no two parcels of land are exactly alike, real estate is said to be nonhomogeneous. 25

Question 18

Define: Prior Appropriation

Answer 18

A concept of water ownership in which the landowner’s right to use available water is based on a government-administered permit system. 21

Question 19

Define: Real Estate

Answer 19

a portion of the earth’s surface extending downward to the center of the earth and upward infinitely into space, including all things permanently attached to it, whether naturally or artificially. 17

Question 20

Define: Real Property

Answer 20

The interests, benefits, and rights inherent in real estate ownership; often used as a synonym for real estate. 17

Question 21

Define: Riparian Rights

Answer 21

An owner’s rights in land that borders on or includes a stream, river, or lake. These rights include access to and use of the water. 20 (Kyle 539)

Think of this as R for Riparian R for Rivers

Question 22

Define: Severance

Answer 22

Changing an item of real estate to personal property by detaching it from the land (e.g., cutting down a tree). 22 (Kyle 540)

Question 23

Define: Situs

Answer 23

The location of land for legal purposes; the jurisdiction in which land is located. 25 (Kyle 540)

Question 24

Define: Subsurface Rights

Answer 24

Ownership rights in a parcel of real estate to the water, minerals, gas, oil, and so forth that lie beneath the surface of the property. 18 (Kyle 541)

Question 25

Define: Trade Fixture

Answer 25

An article installed by a tenant under the terms of a lease that is removable by the tenant before the lease expires. 23 (Kyle 543)

Question 26

Define: Water Rights

Answer 26

Common law rights held by owners of land adjacent to rivers, lakes, or oceans; includes restrictions on those rights and land ownership. 19

Question 27

What is the acronym to remember all of the Rights that are included as the Bundle of Rights

Answer 27

Deep

Disposition - Right to sell or dispose of

Enjoyment with in the Law

Exclusion

Possession