Unit 2 - Real Property and the Law

Question 1

Accession

Answer 1

The acquisition of property as a result of it being added to or incorporated into another property.

Question 2

Trade fixtures also can become part of the real property, if left behind by the tenant. The landlord acquires this type of property by

Answer 2

Accession

Question 3

Accretion:

Answer 3

The gradual increase or accumulation of land through natural forces such as water deposits.

Question 4

The legal tests for a fixture includeMARIA

Answer 4

method of attachment,
adaptabilityof the thing for the land’s ordinary use,
relationshipof the parties,
intentin placing the item on the land, andagreementof the parties

Question 5

Air rights

Answer 5

The rights to use and control the space above the surface of land.

Question 6

Annexation

Answer 6

The process of attaching personal property to land or a building in a way that it becomes part of the real property.

Question 7

Appurtenance

Answer 7

A right or privilege associated with real property, such as an easement or water rights, that is transferred to the new owner when the property is sold

Question 8

Area preference:

Answer 8

The economic characteristic of land where its value is influenced by its location or proximity to certain amenities or features.

Question 9

Avulsion:

Answer 9

The sudden and significant loss of land due to a natural event, such as a flood or earthquake.

Question 10

Bundle of legal rights:

Answer 10

The various rights associated with owning real property, including possession, control, enjoyment, exclusion, and disposition.

Question 11

Chattel:

Answer 11

Movable personal property, such as furniture or vehicles.

Question 12

Emblements:

Answer 12

Annual plantings or crops that require cultivation, also known as “fructus industriales.”

Question 13

Erosion:

Answer 13

The gradual wearing away of land by natural forces, such as wind or water.

Question 14

Fixture:

Answer 14

Personal property that has been affixed to land or a building in a way that it becomes part of the real property.

Question 15

Improvement:

Answer 15

Any man-made addition or alteration to land or real property that increases its value.

Question 16

Land:

Answer 16

The earth’s surface, subsurface, and airspace above it, including all natural resources and permanent attachments.

Question 17

Littoral rights:

Answer 17

The rights of landowners whose property borders a commercially navigable lake, sea, or ocean.

Question 18

Manufactured housing:

Answer 18

Factory-built homes, including manufactured homes, that may be considered personal property unless permanently affixed to land.

Question 19

Nonhomogeneity

Answer 19

The uniqueness or individuality of each parcel of land.

Question 20

Personal property:

Answer 20

Movable property that is not permanently affixed to land, including chattels, emblements, and certain items that can become real property by annexation or severance.

Question 21

Prior appropriation:

Answer 21

A water rights doctrine in some states where water use is controlled by the state rather than the landowner, and beneficial use must be demonstrated.

Question 22

Real estate:

Answer 22

Land and any improvements or structures permanently attached to it.

Question 23

Real property:

Answer 23

The interests, benefits, and rights associated with owning unimproved land and real estate.

Question 24

Reliction:

Answer 24

The gradual increase of land due to the permanent recession of water from its natural course.

Question 25

Riparian rights:

Answer 25

The rights of landowners whose property borders a flowing body of water, such as a river or stream.

Question 26

Severance:

Answer 26

The act of separating something from real property, such as cutting down a tree.

Question 27

Situs:

Answer 27

The economic characteristic of land that refers to its location and the value it derives from it.

Question 28

Subsurface rights:

Answer 28

Rights to the natural resources and minerals beneath the surface of land, which can be leased or sold separately from surface rights.

Question 29

Surface rights:

Answer 29

Rights to the surface of land, including the earth’s surface and the airspace above it.

Question 30

Trade fixture:

Answer 30

Personal property that is attached to a structure and used in the course of business.

Question 31

Water rights:

Answer 31

Legal rights to use and control water, including riparian rights, littoral rights, and rights determined by common law or statute.