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48 Cards in this Set

  • Front
  • Back
real property
land and anything permanently attached to it
fixture
personal property changed to real property by permanently attaching it to the re
personal property
movable items not attached to re
trade fixture
personal property used in a business or trade that is attached to re
contiguous
touching at any point
abutting
butting against each other
governmennt check
in a 24 square mile parcel, there are 16 townships
plat map
a map that only shows lot locations and size
encumbrance
any claim attached to real property that may lessen its value or impair its use
lien
a claim against one property owner as security for debt
mechanic's lien
lien place donm your property for labor and/or material rednered in the improviement of a property
ease ment appurtenant
easement that is attached to the land and passes with the land
dominate estate
estate that benefits from easement
servient estate
estate that is giver of easement
party wall
common wall between properties
license
not an interest in land but merley having permission to use the land of anotehr for some limited purpuse
encroachment
unauthorized intrusion of real property reducing its value
egress
ability to exit a property
ingress
ability to enter a property
property characteristics
nature of the land
characterizes influence use (physical and econmoic)
real property charcteristics
fixture
transfer of real property is by deed (signals end of one ownership and beginning of another)
tests of a fixture
removal
intention
method of adoption and attachment
mutual agreement
personal property characteristics
chattel - item of personal property ie (annual crops or emblements, of which farmer allowed one crop)
trade fixtures (must be removed before lease expiration, otherwise landlord owns them)
transfer of persoanl property is done with bill of sale
legal land description
describes piece of real property for use in real prperty conveyance documents accepted by state courts
required to legally convey any interest or estate in real property
a deed must clearly identify the land being conveyed
ensures identity of property in future
principle meridians
NS lines
range lines
6 miles apart
NS, parallel to principle meridian
base line
runs EW
township lines
6 miles apart
DW, paralle to base line
legal description methods
governemtn
metes and bounds
lot, block and tract
government rectangular survey
uses principle meridians and base lines to describe land perimeters
used mainly west of mississippi
not all states have this type of legal description
35 principle meridians and 32 base lines across teh country
metes and bounds
description begins at certain well defined point and the follows teh exterior boundareies by directions and distances
uses points and angles
surveyor must give directionals and distances
must return to point of beginning (pob)
lot, block and tract
recorded plat or survey (plat map)
most coomonly used with subdivisions (subdivider is required to file a map or plat of a tract with the county clerk in county where property is located)
describes even the smallest parcel of land
townships
6 miles x 6 miles
1-6, 7, 18, 19, 30 & 31 fractional because of curvature of earth

654321
789101112
181716151413
192021222324
302928272625
313233343536
Section
each township is 36 sections
one square mile each
640 acres
each section can be located by number, township, range
correction lines
because of curvature of earth, convergence of range lines and human error, it is impossible to keep all sections exactly 1 square mile
there are adjustments every 24 miles north and south of baseline and east and west of pm
correction lines make 11 fractional sections and 25 standard sections
franctional sections
are always on north and west side of each town ship (1-7, 18, 19, 30, 31)
dividing sections
start by using 640 acres in section, work backward
"and" means stop and begin again
property restrictions
encumbrances, iens, easements, encroachments, cc&r
encumbrances
lien or mortgage loans
easement or encroachment
leases
unpaid taxes
liens
specific - lien against specific parcel of property only
general - charge against all of debtor's real and personal property
voluntary - created by intentional action of property owner
involuntary - created by law
mechanic's lien
specific, involuntary
gives security to those who perform labor or furnish material for improvements
effective date is when work began
lien must be recorded in order to establish position of lien
contractor must be able to produce proof of contract (expressed or implied) with owner's authorization
general contractor has 120 days from when job is finished to file
sub contractor has 120 days from completion of whole job
easements
actual interest in land, not ownership
statute of fraudes applies (usually in separate deed or reservation in deed)
easement appurtenant (annexed to ownership)
dominant estate
servient estate
party wall easement
license (can be revoked at any time)
easement by necessity
created by court of law in cases where justice and necessity dictate it
landlocked situation
ingress
egress
easement by prescription
acquired by adverse possession
right acquired by adverse user to use land of another
10 years of use
user has to have adverse, hostile, open, actual, notorious and continuous use of land
easement in gross
limited right of one person to use another's land
similar to license, irrevocable for owner's lifetime
it is personal in nature and doesn't attach to land
personal easements are not assignable
commercial easements are assignable
easement termination
when owner of dominate estate becomes owner of subservient estate
abandonement
quit claim deed
purpose of easement ceases to exist
taken by eminent domain or lost by adverse possession
improper purpose (overburdening)
encroachments
must be physical in nature
covenants, conditions & restrictions
private restrictions on use of real property
enforced in court by property owners