Unit #2 - Nature of Real Property Vocab Flashcards
Air Rights
The right to build or develop in the airspace of a property. They can be transferrable from one property owner to another.
Appurtenance
Anything used with the land for the benefit of it’s owners, such as a roadway or waterway. (easements, right-of-ways, and condo parking)
Base line
A point of reference, predetermined and runs east-west
Bill of Sale
Transfers ownership of personal property (property, car, etc)
Bundle of Rights
Real property is described as a bundle of rights, including legal rights of ownership. (Possession, use, enjoyment, disposition, exclusion)
Civil Law
The system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.
Common Law
Also known as judicial precedent, judge-made law, or case law, is the body of law created by judges.
Community Property
Property acquired by spouses during marriage.
Correction Line
Every four townships north and south of a baseline, a correction line is measured at the full interval (6 miles) for that side of each township it borders.
Correlative Use
Doctrine that states that property owners may use a reasonable amount of water from an underground source, but not to the detriment of adjoining property owners
Emblements
Crops produced annually by labor and industry as distinguished from crops that grow naturally on the land. (Ex: corn, wheat, rye, potatoes, garden vegetables)
NOT Emblements: trees, grass, and naturally growing fruit
Fixture
Any object permanently attached to a property by way of bolts, screws, nails, glue, cement, or other means. Items like chandeliers, ceiling fans, and window treatments
Fructus Industriales
Crops produced by human labor (lettuce cotton, grapes, etc)
Fructus Naturales
Naturally occurring plant growth such as grasses.
Guide Meridian
Every four townships east and west of the principal meridian, establishes the full interval of 6 miles for that side of each township it borders.
Land
Land refers to the earth’s surface down to the center of the earth and upward to the airspace above, including the trees, minerals, and water.
Legal Description
There are types of legal description of land (earliest to most recent):
- Metes and bounds
- Rectangular survey system
- Lot and block
Littoral Rights
Right to use of water from a lake or other body of water by adjoining property owners.
Lot and Block System
Subdivision system; method of legal description of land using parcel maps identified by tract, block and lot numbers.
Markers
Natural or artificial object used to identify locations in metes and bounds description. Also called Monuments.
Meridians
Imaginary lines that run north to south and intersect base lines that run east to west to form the starting point for land measurement using the rectangular survey system of land description.
Metes and Bounds
A surveyor uses boundary markers and measures the distance from marker to determine a property’s perimeter. Metes refers to distances that can be measured by inches, feet, yards, or rods. Bounds are artificial boundaries such as rivers or roads (also rocks, fences, iron pipes, natural/artificial objects).
Mineral Rights
Refers to the right to remove substances from the land, usually from beneath the surface. Includes solid materials, such as gold, coal, iron, and gravel from the soal/riverbeds.
Monuments
A fixed object and point established by a surveyor to establish land locations; includes not only artificial objects such as posts and fences, but natural objects such as trees, mountains and water courses.
Personal Property
Any movable thing or intangible item of value that is capable of being owned by a person and not recognized as real property. (ex: inventory)
Plat Map
A map dividing a parcel of land into lots, as in a subdivision.
Point of Beginning
A surveyor’s mark at the beginning location for the wide-scale surveying of land. A surveyor begins at a well-known landmark, such as the center point of a street intersection.
Ranges
Range lines refer to identified lines running north-to-south across the nation, from which specific parcels of property are measured. Range lines are six miles apart, which create columns called ranges.
Range lines are normally used in conjunction with base lines, principal meridians, township lines, townships and sections.
Real Estate
Real Property
Rectangular Survey System
Right of Appropriation
Riparian Rights
Section
Section and Township System
Tiers
Township
Townships are created from the intersection of range lines and township lines. The township is the basic unit of measurement in the rectangular survey system. The area created by the intersection of a township line and a range line is a township.
Underground Water Rights
Purchasing real estate in California may include a water right. Water rights include the use of underground water, such as acquired through a well, and the use of surface water, such as from creeks, rivers, and lakes.
U.S. Government Survey System
The Public Land Survey System (PLSS) is the surveying method developed and used in the United States to plat, or divide, real property for sale and settling. Also known as the Rectangular Survey System.
Water Rights
an owner of land that is contiguous to a water source generally has a Riparian Water Right. Basically, most any land that touches or borders a creek, stream, river, or lake has a right to use the water for reasonable and beneficial use.
