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48 Cards in this Set
- Front
- Back
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real property
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land and anything permanently attached to it
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fixture
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personal property changed to real property by permanently attaching it to the re
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personal property
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movable items not attached to re
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trade fixture
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personal property used in a business or trade that is attached to re
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contiguous
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touching at any point
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abutting
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butting against each other
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governmennt check
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in a 24 square mile parcel, there are 16 townships
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plat map
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a map that only shows lot locations and size
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encumbrance
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any claim attached to real property that may lessen its value or impair its use
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lien
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a claim against one property owner as security for debt
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mechanic's lien
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lien place donm your property for labor and/or material rednered in the improviement of a property
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ease ment appurtenant
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easement that is attached to the land and passes with the land
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dominate estate
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estate that benefits from easement
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servient estate
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estate that is giver of easement
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party wall
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common wall between properties
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license
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not an interest in land but merley having permission to use the land of anotehr for some limited purpuse
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encroachment
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unauthorized intrusion of real property reducing its value
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egress
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ability to exit a property
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ingress
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ability to enter a property
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property characteristics
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nature of the land
characterizes influence use (physical and econmoic) |
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real property charcteristics
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fixture
transfer of real property is by deed (signals end of one ownership and beginning of another) |
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tests of a fixture
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removal
intention method of adoption and attachment mutual agreement |
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personal property characteristics
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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 |
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legal land description
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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 |
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principle meridians
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NS lines
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range lines
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6 miles apart
NS, parallel to principle meridian |
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base line
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runs EW
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township lines
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6 miles apart
DW, paralle to base line |
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legal description methods
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governemtn
metes and bounds lot, block and tract |
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government rectangular survey
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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 |
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metes and bounds
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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) |
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lot, block and tract
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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 |
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townships
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6 miles x 6 miles
1-6, 7, 18, 19, 30 & 31 fractional because of curvature of earth 654321 789101112 181716151413 192021222324 302928272625 313233343536 |
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Section
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each township is 36 sections
one square mile each 640 acres each section can be located by number, township, range |
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correction lines
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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 |
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franctional sections
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are always on north and west side of each town ship (1-7, 18, 19, 30, 31)
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dividing sections
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start by using 640 acres in section, work backward
"and" means stop and begin again |
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property restrictions
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encumbrances, iens, easements, encroachments, cc&r
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encumbrances
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lien or mortgage loans
easement or encroachment leases unpaid taxes |
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liens
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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 |
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mechanic's lien
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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 |
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easements
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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) |
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easement by necessity
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created by court of law in cases where justice and necessity dictate it
landlocked situation ingress egress |
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easement by prescription
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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 |
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easement in gross
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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 |
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easement termination
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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) |
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encroachments
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must be physical in nature
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covenants, conditions & restrictions
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private restrictions on use of real property
enforced in court by property owners |
