Unit 2: Real Property and the Law

Question 1

Accession

Answer 1

Acquiring title to additions or improvements to real property as a result go the annexation of fixtures or the accretion of alluvial deposits along the banks of stream.

Question 2

Accretion

Answer 2

The increase or addition of land by the deposit of soil wash up naturally from a river, lake, or sea.

Question 3

Air Rights

Answer 3

The right to use the open space above a property, usually allowing the surface to be used for another purpose.

Question 4

Annexation

Answer 4

Process of converting personal property into real property,

Example: Using materials (personal property) to create concrete and construct a sidewalk (real property)

Question 5

Appurtenance

Answer 5

A right, privilege, or improvement belonging to, and passing with the land. “Runs with the land”

Question 6

Area Preference

Answer 6

People’s desire for one area over another based on a number of factors such as history, reputation, convenience, scenic beauty, and location.

Question 7

Avulsion

Answer 7

The sudden tearing away of land, as by earthquake, flood, volcanic action, or the sudden change in the course of a stream.

Question 8

Bundle of Legal Rights

Answer 8

The concept that land ownership includes ownership of all legal rights to the land- possession, control within the law, enjoyment, exclusion, and disposition

Question 9

Chattel

Answer 9

Personal property

Question 10

Emblements

Answer 10

Growing crops, such as corn that are produced annually through labor and industry, also called fructus industriales

Question 11

Erosion

Answer 11

The gradual and sometimes imperceptible wearing away of the land by natural forces, such wind, rain, and flowing water

Question 12

Fixture

Answer 12

An item of personal property that has been converted into real property by being permanently affixed to the realty, aka kitchen cabinets. (determined by MARIA)

Question 13

Improvement

Answer 13

(1) Any structure, usually privately owned, erected on a site to enhance the value of the property (e.g., building, fence, or driveway) (2) A publicly owned structure added to or benefiting the land (e.g., a curb, sidewalk, street, or sewer)

Question 14

Land

Answer 14

The earths surface, extending downward to the center of the earth and Iowa’s infinitely into space, including things permanently attached by nature, such as trees.

Question 15

Littoral Rights

Answer 15

(1) A landowner’s claim to use water in large navigable lakes and oceans adjacent to her property. (2) The ownership rights to land bordering these bodies of water up to the high water mark.

Question 16

Manufactured Housing

Answer 16

Dwellings that are built off site and trucked to a building lot where they are assembled and installed.

Question 17

Nonhomogeneity

Answer 17

uniqueness.

Question 18

Personal Property

Answer 18

Items, called chattels, that do not fit into the definition of real property. Moveable objects. Sold by bill of sale.

Question 19

Prior Appropriation

Answer 19

a concept of water ownership in which the landowners rights to use available water is based on a government administered permit system

Question 20

Real Estate

Answer 20

Land;

Question 21

Real Property

Answer 21

The interests, benefits, and rights inherent in real estate ownership; often used as a synonym for real estate

Question 22

Riparian Rights

Answer 22

An owners right in land that borders on or includes a stream, river, or lake. These rights include access to and use of the water.

Question 23

Severance

Answer 23

Changing an item of real estate to personal property by detaching it from the land. (e.g., cutting down a tree)

Question 24

Situs

Answer 24

The location of land for legal purposes; the jurisdiction in which land is located

Question 25

Subsurface Rights

Answer 25

Ownership rights in a parcel of real estate to the water, minerals, gas, oil and so forth that lie beneath the surface or the property.

Question 26

Trade Fixture

Answer 26

An article installed by a tenant under the terms of the lease that is removable by the tenant before the lease expires.

Question 27

Water Rights

Answer 27

Common law rights held by owners of land adjacent to rivers, lakes, or clean includes restrictions on those rights and lawn ownership