Unit 2 real property and law

Question 1

Land

Answer 1

Earth’s surface, subsurface, and air space

Includes things naturally attached, trees/crops that do not need cultivation (fructus naturales) and perennial crops like orchards/vineyards (fructus industriales)

Question 2

Physical characteristics of land

Answer 2

Immobility, Indestructability, Nonhomogeneity (uniqueness)

Question 3

Subsurface rights

Answer 3

Mineral rights and natural resources that can be leased or sold separately from surface rights

Question 4

Air rights

Answer 4

Can be sold separately from surface rights and have limitations to enable air travel

Question 5

Water rights

Answer 5

Can be help by owners of land adjacent to river/lake/ocean

Question 6

Real estate includes

Answer 6

Land and all things permanently attached or annexed to land by both nature and humans

Question 7

Real property includes

Answer 7

-Interests
-Benefits
-Rights automatically included in ownership of unimproved land/ real estate

Question 8

Bundle of rights

Answer 8

-Rights of possession
-Control
-Enjoyment
-Exclusion
-Disposition

Question 9

Title

Answer 9

Right to ownership and evidence provided by a written document, called a deed by which title is transferred

Question 10

Appurtenance

Answer 10

Right/Privilage associated in some way. Such as parking space, easement, water rights. Normally conveyed to new owner when property is sold

Question 11

Water rights

Answer 11

Determined by common law and statute and include RIPARIAN RIGHTS, which belong to land along a flowing body of water, and LITTORAL RIGHTS, which belong to owners of land bordering commercial body of water.

Question 12

Doctrine of prior appropriation

Answer 12

Provides that water use, aside from limited domestic use, is controlled by the state rather than owner adjacent to the water. To use the water, owner must demonstrate beneficial use of water (like for irrigation)

Question 13

Economic characteristics of land

Answer 13

-Scarcity
-Improvements
-Permanence of investment
-Area preference (situs)

Question 14

Personal prop includes

Answer 14

-moveable objects
-EMBLEMENTS (fructus industriales, annual planting)
-Items of real property that can become personal property by SERVERANCE
-Items of personal property that becomes real property by ANNEXATION (construction materials)
-Factory built homes

Question 15

Fixture

Answer 15

Personal property that has been affixed to the land/buidling so that by law it becomes part of real property

Question 16

Legal test for fixture

Answer 16

M- method of annexation
A- adaptability for land’s ordinary use
R- relationship of the parties
I- intent in placing item on the land
A- agreement of the parties

Question 17

Trade Fixture

Answer 17

Attached to structure but used for course of business, can be personal property, if removed by tenant and premises are returned to original condition before lease expires; or real property if left behind. Landlord can acquire by accession

Question 18

Riparian rights

Answer 18

Owner’s rights in land that boarders on or includes a stream, river, or lake. Includes access to and use of water. Cannot interrupt

Question 19

Littoral rights

Answer 19

1) Owner’s claim to use water in large navigable lakes/oceans etc adjacent to the property
2) Ownership rights to land boarding bodies of water up to the high water mark

Question 20

“fructus industiales”

Answer 20

Emblements= produced annually through labor (crops). Personal property

Question 21

Severance

Answer 21

Changing an item of real estate to personal property by detaching it from land

Question 22

Annexation

Answer 22

Process of converting personal property to real property. ex: paved stone

Question 23

Accession

Answer 23

Acquiring title to additions/improvements to real property as a result of the annexation. ex: fixtures left behind becomes real property