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33 Cards in this Set

  • Front
  • Back

What is land?

The earth's surface extending downward to the center of the earth and upward to infinity.

What is real estate?

Land plus all human made improvements to the land that are permanently attached.

What is an improvement?

Any structure, usually privately owned, erected on a site to enhance the value of the property (e.g., a building, fence, or driveway).

What are the bundle of rights?

-possession


-control the property


-enjoyment


-exclusion


-dispose

What do you have when you have a Title?

- The right to the bundle of rights


-Evidence of that ownership by deed


What is the document that the owner uses to transfer title?

Deed

What is an appurtenance?

Something that is transferred with or runs with the land. Example: in ground pool, fence, shed etc.

Rights & Terms of Realty



-Applies to river or stream rights


-Own to middle of river if you can't navigate river.

Riparian Rights

In riparian rights who owns the submerged land in navigable waters?

The government

Rights & Terms of Realty



-Applies to lake or ocean rights


-Own to high water mark

Littoral Rights

In states where water is scarce, ownership and use of water are often determined by?

The doctrine of prior appropriation

Rights & Terms of Realty



Right of tenant to use wood of owner in a lease situation for needs only.

Estovers

Legal term for plants that do not require annual cultivation is?

Fructus Naturales

Plants or crops that require annual cultivation are known as?

-Emblements


-Fructus Industriales

What are trade fixtures?

Fixtures owned by tenant that are needed to perform their business in the leased space.

Rights & Terms of Realty



Turning realty into personal property is called?

Severance

Economic characteristics of land:

-scarcity


-improvements you can make


-permanence of improvements


-location (situs)

Characteristics of real property


-Physical characteristics of land:


-immobility


-indestructible


-uniqueness (nonhomogeneity)

Three methods of describing real estate:

-Metes-and-bounds


-Rectangular government survey


-Lot and block

Rights & Terms of Realty



A horizontal plane from which heights above or below sea level are measured with original from NYC harbor.

Datum

A physical object,either natural or artificial,used by surveyors as a reference point.It may be a concrete block,iron pin,rod,stone marker,or other such thing set in place in order to bear witness to the reference point,or it may be a tree,bridge,river,or fence.

Monuments

Rights & Terms of Realty



Illegal physical attention on another's property.

Encroachment

Rights & Terms of Realty



Anything that affects value of realty including a lien.

Encumbrances

Rights & Terms of Realty



An incomplete, unfinished, interrupted right. For example, a wife may have a right to her husband's property that cannot be completed unless she outlives her husband.

Inchoate interest

Rights & Terms of Realty



-Regarded as personal property


-The fruit of the crop

Emblements

Rights & Terms of Realty



Lessor or life estate holder fails to keep realty in the same condition they received.

Waste

Rights & Terms of Realty



The basis of real property law whereby individuals can hold clear title to real property and have full ownership of rights - however, you must use it or lose it.

Allodial Land System

Rights & Terms of Realty



Sometimes called squatter's rights;method of acquiring title to real estate when the true owner has neglected to assert his or her own rights for a specified period of time.

Adverse Possession

Rights & Terms of Realty



Combining periods of continuous use or occupation of real property to establish adverse possession or a prescription easement.

Tacking

Rights & Terms of Realty



Visible value of realty, something you can touch.

Tangible - Corporeal

Rights & Terms of Realty



Invisible value of realty, more of a right; something you can't touch.

Intangible - Incorporeal

Rights & Terms of Realty



Permanent metal plates throughout cities in US to derive elevation heights.

Benchmark

Rights & Terms of Realty



Addition of soil and rock

Alluvium