Unit 2: Real Property and the Law

Question 1

Land

Answer 1

the earth’s surface extending downward to the center of the earth and upward to infinity, including things permanently attached by nature, such as trees and water.

Question 2

What are the 3 physical characteristics of land?

Answer 2

1. immobility
2. indestructibility
3. Uniqueness

Question 3

Immobility

Answer 3

The geographic location of any given parcel of land can never be changed.

Question 4

indestructibility

Answer 4

Land is durable and indestructible, even though erosion, flood, volcanic action, and fire may change its topography and value.

Question 5

Uniqueness

Answer 5

The law holds that no two parcels of land are exactly the same; this uniqueness is also known as “nonhomogeneity.

Question 6

Real estate

Answer 6

the land and all things permanently attached to it by either nature or people (improvements)

Question 7

real property

Answer 7

real estate plus the interests, benefits, and rights inherent in the ownership of real estate

Question 8

ownership of real property

Answer 8

bundle of legal rights; concept comes from old English law

Question 9

The bundle of legal rights includes the rights of

Answer 9

1. Possession
2. Control
3. Enjoyment
4. Exclusion
5. Disposition

Question 10

possession

Answer 10

the right to occupy the premises

Question 11

Control

Answer 11

the right to determine certain interests for others

Question 12

enjoyment

Answer 12

possession without harassment or interference

Question 13

exclusion

Answer 13

legally refusing to create interests for others

Question 14

disposition

Answer 14

determining how the property will be disposed of

Question 15

Title to real property

Answer 15

1) right to property, and (2) evidence of ownership by deed

Question 16

appurtenance

Answer 16

right or privilege associated with the property, although not necessarily a part of it

Question 17

personal property

Answer 17

movable; also referred to as chattels

Question 18

Plants fall into one of two categories

Answer 18

1. Real property (fructus naturales)
2. personal property ( fructus industriales)

Question 19

Plants: Real property

Answer 19

Trees, perennial shrubbery, and grasses not requiring annual cultivation

Question 20

Plants: Personal property

Answer 20

Crops with a growing season of less than a year (annuals), known as emblements

Question 21

Severance

Answer 21

the act of separating real property from the land turning into personal property

Question 22

annexation

Answer 22

turning personal property into real property

Question 23

fixture

Answer 23

an article that was once personal property but has been so affixed to land or a building that the law now recognizes it as part of the real property

Question 24

egal tests of a fixture can be remembered as MARIA

Answer 24

i. Method of attachment
ii. Adaptation of the item to the land’s ordinary use
iii. Relationship of the parties
iv. The intention of the person in placing the item on the land
v. Agreement between the parties

Question 25

Trade fixture

Answer 25

an article owned by a tenant and attached to rented space or a building for use in operating a business