1. Property Rights And Government Interests

Front 1

ACRE FOOT

Back 1

One acre with a depth of one foot (43,560 cu ft) equal to (325,850 gal); volume.

Front 2

AD VALOREM

Back 2

"According To Valuation"
Tax based on assessed value

Front 3

ALLODIAL SYSTEM

Back 3

Free and full ownership of rights in land; an estate holding the potentioal of existing inefinitely.

Front 4

AIR RIGHTS

Back 4

Rights to use of open space above property.

May be sold or leased (ex: offices above train station); be transferred by easement (ex: elevated freeway); taxed separately.

Caissons: Foundation supports for a building.

Front 5

APPURTENANT

Back 5

"Run With The Land"
Belonging to; adjunctive; appended; annexed to (ex: garage, common interest in land) vs. Appurtenance is not for all time (ex: rights, easements, stalls, storage)

Front 6

ARREARS

Back 6

At end of, or after, period when expense is due or levied; delinquent debt (ex: RE tax and mortgage interest are paid in arrears)

Front 7

ASSESSMENT

Back 7

As in improvement tax; specifc levy for a definite purpose (ex: curbs, sewers)

Front 8

ASSESSOR

Back 8

Appraises property for tax purposes; does not determine tax rate.

Front 9

BENEFICIAL USE

Back 9

More productive (Ex: Rights given to a few for more productive outcome; water given for crop use vs. multiple residential)

Front 10

CAISSON

Back 10

Foundation supports for a building.

Front 11

CHATTEL

Back 11

Tangible personal property; Real is RE - Personal is Movable

Chattel transferred by Bill of Sale; transfer regulated by Uniform Commerical Code UCC;

Front 12

CORPOREAL PROPERTY

Back 12

Tangible Real or Personal Property

Front 13

EMBLEMENTS

Back 13

Growing crop; personal property.

Regarded as property of tenant before harvest; must be allowed to re-enter and harvest if property is sold.

Front 14

EMINENT DOMAIN

Back 14

Right of state and federal government; public corporations (school and sanitation districts); utilities; and railroads; to take private land for public use (fee, leasehold or easement.)

1. Compensation
2. Claims against property must be sought through compensation monies
3. Income tax may be deferred by governement

Front 15

ESCHEAT

Back 15

Decedent (recent dead person) dies entestate (without Will, or with defective Will) and no heirs capable of inheriting property.

Front 16

FIXTURE

Back 16

Article affixed to real estate, becoming part of real property.
Determined By:
1. Manner of attachment (better: firmness of installation)
2. Adaptability to property
3. Purpose it serves
4. Relationship to party
(Ex: house keys passed to buyer)

Front 17

GENERAL PLAN

Back 17

Governmental long-range program regulating use and development of property.

Subdivider subjects each conveyance to recorded restrictions from General Plan.

Front 18

GOVERNMENT RESTRICTIONS

Back 18

Rights, Regulations, Controls: P.E.T.E.

. Police Power: Regulate, confiscate; state and federal govts.

. Eminent Domain: Take private property for public use; state and federal govts.

. Taxation: Tax private property to pay for costs of govt. and area improvements; state and local govts.

. Escheat: Take property of deceased with no will or qualified heirs; state and county govts.

Front 19

GROUNDWATER

Back 19

Water under surface of earth.

Exception: Underground streams with identifiable beds and banks.

Front 20

HEREDITAMENT

Back 20

Every kind of inhertiable property: Real, Personal, Corporeal, Incorporeal (Ex: right to future rent or insurance proceeds), Things appurtenant to land.

Front 21

IMPROVEMENTS

Back 21

Valuable additions to property; amounting to more than repairs, labor costs, capital.

Meant to enhance value or extend useful life. (Avoid over, under or misplaced improvements.)

Front 22

INCORPOREAL

Back 22

"No Physical Body"
Intangible or nonpossessory rights in real property.

(Ex: Easements, licenses, profits; Claims from mining, insurance; Future rents)

Front 23

INDUSTRIAL FRUIT

Back 23

Crops grown for industry profit.

Aka: Industrial Growth

Front 24

INTANGIBLE

Back 24

Rights and Relationships; no material or physical exitence.

Value derived from what it represents. (Ex: Good Will; Bundle of Rights; Patents)

Front 25

LAND

Back 25

Surface of the earth, extending to its center and up into the sky, including all natural things thereon.

Versus: Real Property, Including land, artificial things attached, rights appurtenant.

Front 26

LITTORAL

Back 26

Land bordering sea or ocean, thus affected by tides.

Versus: Riparian borders on bank of watercourse or stream.

Front 27

NATURAL FRUITS

Back 27

Ornamental plants, trees, bushes.

Aka: Natural Growth (Fruits is legal term)

Front 28

NEIGHBORHOOD PLAN

Back 28

Contiguous area of common characteristics of population and homogeneity of land use.

Front 29

OWNERSHIP

Back 29

Five Bundle of Rights: T.E.E.U.P.

1. Transfer
2. Exclusion
3. Encumbrance (Collateral)
4. Use
5. Possession

Alloidal system began with Magna Carta of 1215.

Land could be inherited.
Ruler's power could be limited.

Front 30

PERSONAL PROPERTY

Back 30

Tangible and Movable.

Transferred by Bill of Sale, in contrast to Real Property transferred by Deed.

Front 31

PERSONALTY

Back 31

Personal property.

Tangible and movable. (Ex: Tree is real property, until cut down, when it becomes personal property; Lumber to build a house, though, is realy property.)

Front 32

POLICE POWER

Back 32

Constitutional authority and inherent power of state to adopt and enforce laws to promote: 1. public helath; 2. safety; 3. morals; and 4. general welfare.

Note: Right to damage and destroy private property w/out compensation when necessary.

Front 33

PRIVATE CONTROLS

Back 33

(Unknown: Not in Legal Book or lecture notes)

Front 34

PRIOR APPROPRIATION

Back 34

Water Law: First in Time, First in Rights

First person to have used surface water has rights to it.

Theory based on: If available water were equally divided among all potential users, there would not be an adequate supply to produce anyting; but if water is concentrated in a few users, then at least some thing would be produced.

Front 35

PROPERTY: PERSONAL

Back 35

AKA Chattel, Personalty - moveable

1. Tangible (Ex: furniture)
2. Intangible (Ex: copyrights, patents, relationships/goodwill)

Front 36

PROPERTY

Back 36

Technically, rights or interests in the thing owned, but not the thing itself.

Real or Personal.

Bundle of Rights: T.E.E.U.P.
1. Transfer
2. Exclusion
3. Encumberance (Collateral)
4. Use
5. Possession

Front 37

PROPERTY: REAL
Economic Characteristics

Back 37

1. Scarcity (limited supply)
2. Modification (changeable)
3. Fixity (frozen asset)
4. Situs (location influences value)

Front 38

PROPERTY: REAL
Physical Characteristics

Back 38

1. Immobility
2. Indestructibility
3. Non-Homogeneity
4. Law of Situs (governed by laws where located)

Front 39

PUBLIC CONTROL

Back 39

1. Police Power enables legislation:
a. Zoning
b. Code Enforcement
c. City Planning

2. Taxation
3. Eminent Domain
4. Escheat

Front 40

REAL ESTATE

Back 40

Physical Land at, above and below the earth's surface, inclusive of all appurtenances.

* Real Property is most inclusive, with every type of interest (corporeal, incorporeal, freehold, nonfreehold)

Front 41

RIPARIAN RIGHTS

Back 41

A. Rights incidental to land adjacent to or abutting watercourses such as streams, lakes. (Ex: Irrigation, swimming, boating, fishing; right to alluvium deposited by the water
B. Ownership to hight water mark if navigable; or low water mark/center of stream if nonnavigable
C. Use rights not exclusive; if so, they are granted as Usufructuary.

Riparian Owner: Water in movement
Littoral Owner: Water not in movement (pond, lake, ocean)

Front 42

RIPARIAN RIGHTS
Arizona

Back 42

In AZ:
A. Apply in Ownership but not Usage
B. Prior Appropriation: Downstream owners claim water rights
C. First-in-time is First-in-right: Earliest applicants served first
D. Best use theory (few users produce crops vs. many users only serve residential needs)

Front 43

SITUS

Back 43

Law of Situs: Determing location for purpose of laws governing property

Situs of:
. Real Estate: Where land is located
. Chattel/Instruments (tangible, moveable): Where located from time to time
. Registered Instruments: Where register is held
. Shares: Where share registered or bearer share is located
. Debts: Where debtor resides
. Intangibles: (intellectual, goodwill) Where property is registered, or rights to property can be enforced
. Ship: Where located; or on high seas, port of registry

Front 44

SURFACE OF WATER

Back 44

Water diffused over the land surface or contained in depressions from rain, snow or springs.

Vs: Watercourse, which is flowing to a fixed channel; or an identifiable body, such as river or lake.

Front 45

TAX

Back 45

State, County, City Jurisdiction:
a) Levied Annually
b) Paid Twice per Year
i. Jan 1-Jun 30/ Due Oct 1
ii. Jul 1-Dec 31/ Due Mar 1
iii. Delinquent/ Nov 1; May 1

Special Assessments:
a) Pro-rated based on per foot of land bordering street, etc
b) Due on delinquent dates of RP tax: Nov 1 and May 1

Appeals: Owners may appeal property value or classification, only

Front 46

TANGIBLE

Back 46

Physical existence; can be seen or touched.

Front 47

TAX: COLLECTION

Back 47

a) Collected by County Treasurer
b) Tax Lien Sales in February
c) 16% Annual Interest
d) Bidder: Pays Tax & Interest; Receives "Certificate of Purchase"
e) Certificate Holder: Foreclose at 3-Years, if Treasurer not paid
f) Multiple Bids: Certificate goes to Lowest Interest Rate (0-16%); AZ receives 16% and Cert Holder receives Bid Rate

Front 48

TENEMENTS

Back 48

Real Property rights of permanent nature:

. Pass with conveyance of land
. Buildings, improvements, things affixed to land
. Coporeal and Incorporeal Rights

Front 49

TRADE FIXTURE

Back 49

Personal Property:

. Afffixed to leased premises by tenant as necessary part of business
. Removable before lease expiration
. Cannot remove if it replaced existing fixture of owner

Front 50

TREASURER'S DEED

Back 50

Property deeded to the State of Arizona for back taxes:

A) Land 1.5 to 2 years tax delinquent:
i. Treasurer places lien; it goes to Treasurer's tax lien sale in February.
ii. Parcels NOT sold at Tax Lien Sale are held delinquent for another 5 years
iii. Lien may be purchased from Treasurer's Office during that time

B) After 5 more years, or 6.5 to 7 years, total:
i. Treasurer notifies Board of Supervisors that property is available for deeding to the State
ii. Board directs Treasurer to apply Deed

Front 51

URBAN

Back 51

Area that is:
. Population of 2,500+ in cities
. Built-up
. Includes municipality

Front 52

VARIANCE

Back 52

Permission granted by Govt. to build or conduct use that is expressly prohibited by Zoning Law

Front 53

WATER RIGHTS: AZ

Back 53

Two Categories:
1. Ground
2. Surface

Controlled by:
ADWR - Dept of Water Resources

Exception:
Domestic Well
a. 35 gpm Maximum
b. Waters less than 2 acres
c. Notice of Intent to Drill filed

Front 54

WATER RIGHTS

Back 54

Riparian: Incidental to land adjacent or abutting watercourses (ex: streams, lakes)
. Rights include irrigation, swimming, boating, fishing; and alluvium deposited by water.

Usufructuary: Right of Use to waters that flow past, provided no interuption or contamination
. If non-navigaable stream, ownership is to center of watercourse.

Littoral: Non-flowing (ex: pond, lake, ocean)

Front 55

ZONING

Back 55

Government Controlled in Counties and Cities:

. Regulates structures and uses w/in districts and zones
. Enforced w/ building permits
. Enacted w/ police power

Front 56

ZONING CLASSIFICATIONS

Back 56

A.C.I.R.

. Agriculture
. Commericial
. Industrial
. Residential

Front 57

ZONING PURPOSES

Back 57

Protect Publice:
. Health
. Safety
. Morals
. Welfare (General)