Unit 2: Real Property and the Law

Question 1

Real estate is defined as land ______ that are attached to the land

Answer 1

appurtenances

Question 2

_____ include improvements, rights, interest, fixtures, and privileges. They are attached to and transfer or run with the land

Answer 2

Appurtenances

Question 3

True/false real estate is immovable

Answer 3

true

Question 4

when a property is sold, the land and all appetences automatically transfer to the new owner, via a ____

Answer 4

deed

Question 5

land rights include surface rights, _____ rights, and _____ rights

Answer 5

subsurface, air

Question 6

3 forms of rights

Answer 6

land rights, ownership rights, government rights

Question 7

ownership rights, such as the right of an owner to ____, ____, and control the property

Answer 7

possess, transfer

Question 8

______ right include land use controls, taxation, eminent domain, and escheat

Answer 8

government

Question 9

____ ___: rights extend as high as can be legally used. Government controls air space above

Answer 9

air rights

Question 10

___ rights: right of water use

Answer 10

water

Question 11

_____: land abutting flowing water

Answer 11

riparian (R = river) (abutting means next to or within the same boundary)

Question 12

_____ : land abutting standing water

Answer 12

Littoral (L = lake)

Question 13

water rights automatically include the right of waterfront access to the water source. (true or false)

Answer 13

false - they do not automatically include the right of waterfront access to the water source. irrigation channels and ditches distribute water from the source

Question 14

An off-waterfront owner of a water right does/does not have the right to cross another’s property to access the water source. They could/couldn’t obtain the right to access from the waterfront owner via an easement

Answer 14

does not, could

Question 15

gradual addition to land through natural causes

Answer 15

accretion

Question 16

gradual wearing away of the land by natural forces

Answer 16

erosion

Question 17

sudden loss of land by an act of nature

Answer 17

avulsion

Question 18

the property line (is/is not) generally maintained if the land is no longer there

Answer 18

is

Question 19

in states where water is scarce, ownership and use of water are /are not determined by the doctrine of prior appropriation. The right to use water is controlled by the state rather than by the landowner adjacent to the water

Answer 19

are

Question 20

landowner must demonstrate a state agency the owner’s plans are beneficial use, such as crop irrigation. The priority of water rights is usually determined by the (oldest/newest) recorded permit date

Answer 20

oldest`

Question 21

____ are transferred when property is sold unless reserved by the seller, may be leased or sold separately from the land, and may be held by a third party

Answer 21

rights

Question 22

real estate is transferred by a _____

Answer 22

deed

Question 23

an item of property other than real estate

Answer 23

chattel (personal property)

Question 24

_____ property: is moveable, is not attached permanently to the land, and must be included in the purchase contract to transfer with the property

Answer 24

personal

Question 25

personal property is transferred by a ___ of ____

Answer 25

bill of sale

Question 26

an object that was once personal property that has been attached to an improvement so as to become real property

Answer 26

fixture

Question 27

true/false: land is never a fixture

Answer 27

true

Question 28

once a ___ (personal property) is attached, it becomes an appurtenance and is automatically transferred by the ____

Answer 28

fixture, deed

Question 29

personal property vs fixture: Intent is evidenced by the following (3)

Answer 29

attachment, adaption, agreement

Question 30

personal property vs fixture: attachment: 1. _____ of method, 2. ___-__ = fixture, 3. ___standing = personal property

Answer 30

permanence, built-in, free

Question 31

personal property vs fixture: ______ : 1. specific to individual property. Examples: house keys, garage door openers

Answer 31

adaption

Question 32

personal property vs fixture: _____: 1. the written contract is the final decision on what will be conveyed. 2. Fixtures must be excluded from the purchase contract if the seller is not going to convey

Answer 32

agreement

Question 33

____ and ____ _____ are exceptions for personal property

Answer 33

emblements, trade fixtures

Question 34

_____: annually cultivated crops. Belong to the party who planted them, unless otherwise agreed

Answer 34

emblements

Question 35

______ ______: owner or tenant-installed additions that are a necessary part of their trade or business

Answer 35

trade fixture

Question 36

Tenant may remove ___ ____ before lease termination. If not removed by lease termination, the ___ ____ belong to the landlord. sale of a business property does not automatically include these.

Answer 36

trade fixtures

Question 37

If ___ ___ or ____ are transferred, they will not be transferred via a deed, they will be transferred by a bill of sale

Answer 37

trade fixtures, emblements