Unit 2 Key Terms

Question 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

Answer 1

Accession

Question 2

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

Answer 2

Accretion

Question 3

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

Answer 3

Air rights

Question 4

Process of converting personal property to into real property

Answer 4

Annexation

Question 5

A right, privilege, or improvement belonging to and passing with, the land “runs with the land”

Answer 5

Appurtenance

Question 6

Peoples desire for one area over another, based on a number of factors such as history, reputation, convenience, scenic beauty, and location.

Answer 6

Area preference

Question 7

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

Answer 7

Avulsion

Question 8

The concept of land ownership that includes ownership of all legal rights to land possession, control within the law, enjoyment, exclusion, and disposition.

Answer 8

Bundle of legal rights

Question 9

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

Answer 9

Emblements

Question 10

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

Answer 10

Erosion

Question 11

An item of personal property that has been converted to real property by being permanently affixed to the realty.

Answer 11

Fixture

Question 12

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

Answer 12

Improvement

Question 13

The earths service extending downward to the center of the earth and upward infinitely into space, including things permanently attached by nature, such as trees.

Answer 13

Land

Question 14

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.

Answer 14

Littoral rights

Question 15

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

Answer 15

Non-homogeneity

Question 16

Items, called chattels, that do not fit into the definition of real property; movable objects (ie chairs, sofa, emblements, severance, annexation, manufactured homes)

Answer 16

Personal Property (chattel)

Question 17

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

Answer 17

Prior Appropriation

Question 18

Land; a portion of the earths 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.

Answer 18

Real Estate

Question 19

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

Answer 19

Real Property

Question 20

An owners rights in land that borders on or includes a stream, river or lake. These rights include access to and use of the water.

Answer 20

Riparian rights

Question 21

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

Answer 21

Severance

Question 22

The location of land for legal purposes; the jurisdiction in which land is located.

Answer 22

Situs

Question 23

Ownership rights in a parcel of real estate that are limited to the surface of the property and do not include the space above (air rights) or the substances below the surface.

Answer 23

Surface rights

Question 24

An article installed by a tenant under the terms of a lease that is removable by the tenant before the lease expires.

Answer 24

Trade fixture

Question 25

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

Answer 25

Water rights

Question 26

Economic characteristics of land

Answer 26

Scarcity, improvements, permanence of the investment, and area preference (situs)

Question 27

Legal tests for a fixture MARIA

Answer 27

Method of annexation, Adaptability, Relationship, Intent and Agreement