Unit 2: Real Property + Forms of Ownership Flashcards
What is land?
Earth’s surface, downward, center, and upward. Includes permanently attached objects
What is real estate?
Land, and permanently attached objects
What is real property?
Real estate, interest, benefits, and rights with ownership
What is personal property?
Everything that is to real property. Also called chattel
What is improvements?
Artificial attachments to land (fence, buildings, walkways)
What is real property ownership include?
Rights of enjoyment, disposition, possession, control, exclusion, and others (EDPCE)
What are fixtures?
Anything permanently attached to land, or structures on land. Included with sale of real property unless negotiated.
What are the 5 basic tests to determine if a fixture is real or personal property?
Method of Annexation, adaptability for use, relationship of parties, intention in placing, and agreement of parties (MARIA)
What are the physical characteristics of land?
immobility, indestructibility, and uniqueness (non homogeneity)
What are the economic characteristics of land?
scarcity, improvements, permanence of investment, and situs (location)
What is a monument?
a permanent man-made or natural physical marker
What are the 3 primary form of legal descriptions?
lot and block, metes and bounds, and rectangular survey
What is the bundle of rights?
the right to use the physical components of land: the surface, subsurface, and air rights.
What is included in the bundle of rights?
air, water, mineral, possession, control, exclusion, enjoyment, and disposition
What is a fee simple?
also called fee, a form of ownership