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39 Cards in this Set
- Front
- Back
Traditionally, ownership rights of real property are described as...
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Bundle of Legal Rights
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Annually cultivated cops such as fruit, vegetables, in grain are known as...
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Emblements
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Personal property that has been so affixed to land or a building that, by law, it becomes part of the real property.
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Fixture
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the term nonhomogeneity refers to...
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Uniqueness
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the earth's surface, extending downward to the center of the earth and upward infinitely into space, including things permanently attached by nature, such as trees and water
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land
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real property naturally attached to the land, such as trees & crops not needing cultivation, perennial crops, orchards & vineyards
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fructus naturales
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right to use the surface of the earth
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surface rights
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rights to natural resources lying below earth's surface
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subsurface rights
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right to use the open space above a property, allowing surface to be used for another purpose
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air rights
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common-law rights held by owners of land adjacent to rivers, lakes, or oceans and includes restrictions on those rights and land ownership
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water rights
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land at, above & below the earth's surface, plus all things permanently attached to it whether natural or artificial
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real estate
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*streets, utilities, sewers & other additions that make it suitable for building
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improvements
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the interests, benefits, and rights that are automatically included in the ownership or land & real estate
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real property
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what does real property include
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surface, subsurface, and airspace, any improvements, and the legal rights of ownership that attach to ownership of a parcel of real estate
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concept of land ownership that includes ownership of all legal rights to the land
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bundle of legal rights
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list the bundle of legal rights
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right of possession
right to control the property right of enjoyment right of exclusion right of disposition |
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refers to ownership of real property, not to a printed document
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title
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document by which the owner transfer title to the real property
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deed
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right, privilege or improvement belonging to, and passing with, the land ie...parking space in multitenant unit, an easement or water rights
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appurtenance
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*sometimes called chattels or personalty
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personal property
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When is a manufactured home considered personal property
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not permanently affixed to the land
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*annual plantings or crops of grains, vegetables & fruit
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emblements
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*also called fructus industriales
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emblements
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an item of real property can become personal property ie..apple becomes personal property once it is picked from a tree
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severance (removal)
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ie...cement, stones, and sand (personal property) mixed together to make a sidewalk (real property)
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annexation
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an item of personal property that has been converted to real property by being permanently affixed to land or to building (realty)
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fixture
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heating systems, elevator equipment, radiators, kitchen cabinets, light fixtures, and plumbing are examples of...
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fixtures
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an article owned by a tenant and attached to a rented space or building or used in conducting a business removable by tenant before lease expires
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trade fixture (or chattel fixture)
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acquiring title to additions or improvements to real property as a result of the annexation of fixtures or the accretion of alluvial deposits along the banks of streams
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accession
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what is difference between trade fixtures and other fixtures
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*fixtures belong to the owner of the real estate;trade fixtures are owned and installed by a tenant for the tenant's use
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what are the 4 economic characteristics of real estate that affect its value as a product in the market place
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scarcity
improvements permanence of investment location or area or preference |
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what economic characteristic of real estate is defined as - considerable amount of land remains unused or uninhabited, the supply in a given location or of a particular quality is generally considered finite
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scarcity
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what economic characteristic of real estate is defined as - building an improvement on one parcel of land can affect the land's value and use as well as that of neighboring tracts and whole communities
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improvements
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refers to people's preferences for one area over another, based on a factors such as history, reputation, convenience, & scenic beauty
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location or area preference (or situs)
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what are the 3 physical characteristics of real estate
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immobility
indestructibility uniqueness |
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one of the 3 characteristics of real estate is described as the geographical location of any given parcel of land can never be changed; it is fixed
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immobility
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one of the 3 characteristics of real estate is described as permanence of land, coupled with the long-term nature of improvements, tends to stabilize investments to real property
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indestructibility
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what are the laws affecting real estate
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contract law
general property law agency law real estate license law federal regulations federal, state and local tax laws zoning and land-use laws federal, state & local environmental regulations |
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How does the court determine the Legal tests of a fixture?
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Method of Annexation
Adaptation to real estate Agreement |