Unit 2: Property, Estates & Ownership Flashcards

1
Q

What is Acknowledgment?

A

A formal declaration to a public official(notary) by a person who has signed a instrument that states that the signings was a voluntary.

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2
Q

What is Appurtenance?

A

Those rights and improvements that belong to and pass with the transfer of real property but are not necessarily a part of the actual property.

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3
Q

What is Bundle of rights?

A

An ownership concept describing all the legal rights that attach to the ownership of real property

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4
Q

What is Easement?

A

Interest owned by one person in the land of another.

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5
Q

What is Estate?

A

A legal interest in land; defines the nature, Degree, extent and duration of a person’s ownership in land.

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6
Q

What is Trade Fixture?

A

Personal property affixed to leased property by the tenant for business purposes that may be removed by tenant upon termination of the lease.

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7
Q

What is Riparian rights ?

A

The rights of a landowner whose land is next to natural watercourse to reasonable use of whatever water flows past the property

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8
Q

What is Free Hold Estate?

A

An estate in real property which continues for indefinite period of time

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9
Q

What is Emblements?

A

Annual crops produced for sale by tenant farmers

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10
Q

What is personal property

A

Anything movable that is not real property.

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11
Q

What is littoral ?

A

Land bordering a lake, Ocean, or Sea

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12
Q

What is Fixture?

A

Personal property that has become affixed to real estate.

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13
Q

What is Real Property?

A

Land, Anything affixed to land, anything appurtenant to the land, anything immovable by law.

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14
Q

What is Severalty?

A

Ownership of real property by one person or entity.

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15
Q

What is Chattel?

A

Personal property

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16
Q

What is Less Than Freehold?

A

A leasehold estate; considered to exist for a definite period of time or successive periods of time until termination

17
Q

What is an Life Estate?

A

An estate that is limited in duration of the life of its owner or the life of some other chosen person

18
Q

What is a Title

A

Evidence of land ownership

19
Q

What is constructive notice?

A

Notice given by recording a document or taking possession of the property

20
Q

What is Quite Enjoyment?

A

The right to peace without aggravation by others.

21
Q

In a technical sense, the term “Property” refers to :

A

Rights or interest in the thing owned

22
Q

Why do disputes arise regarding ownership of personal property?

A

Personal property can become real property.

23
Q

Is airspace considered real property?

A

Yes

24
Q

Is a lease considered personal property

A

Yes

25
Q

A running stream is considered what type of property?

A

Real property

26
Q

Which of the following statements concerning riparian rights is not correct

A

Riparian property owners own the water and may use as much as they want

27
Q

Is an existing mortgage considered personal property?

A

Yes

28
Q

What is considered appurtenances to land?

A

Something acquired by legal rights and used with the land for its benefits

A right-of- way over another’s adjoining land

Stock in a mutual water company

29
Q

What are the 5 test of a Fixture?

A

Method of attachments

Adaptability of the item

Intention of the parties

Relationship of the parties

Agreement between the parties

30
Q

Of indefinite duration is a phrase that describes an

A

Estate of inheritance

31
Q

John conveys a portion of his fee estate to Fred that is for a term less than his own, Johns own interest would be?

A

Reversion

32
Q

Is a “tenancy for years”a non Freehold estate?

A

Yes

33
Q

David left his son 2/3 interest and his son’s wife 1/3 Ingres in real property jointly and with ought the right of survivorship. They will take title as:

A

Tenancy in common.

34
Q

Ownership in severely would most likely involve:

A

Sole ownership

35
Q

Banker, Cool, and Turner own equal interest in a parcel of land as tenants in common. Withought the consent of the others, Turner leased the entire parcel to Hunter for agricultural purposes. Such a lease would be:

A

Valid, But Hunter takes the property subject to Baker and Cooks right to share in the enjoyment and possession of the property.

36
Q

The word “Time,Title, and possession” are most closely related to?

A

Survivorship

37
Q

How are a joint tenancy interest and a community property interest alike ?

A

Ownership interest and equal

38
Q

Chris, Bell, and Lyn took title to a property as joint tenants. Chris sold her share to pay, and then Bell died. Who owns the property now?

A

Lyn owns 2/3

Pat Owns 1/3 as tenant in common .

39
Q

A contract to sell community real property made by one spouse only is

A

Unenforceable