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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. |
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What is real estate? |
Land plus all human made improvements to the land that are permanently attached. |
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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). |
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What are the bundle of rights? |
-possession -control the property -enjoyment -exclusion -dispose |
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What do you have when you have a Title? |
- The right to the bundle of rights -Evidence of that ownership by deed
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What is the document that the owner uses to transfer title? |
Deed |
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What is an appurtenance? |
Something that is transferred with or runs with the land. Example: in ground pool, fence, shed etc. |
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Rights & Terms of Realty -Applies to river or stream rights -Own to middle of river if you can't navigate river. |
Riparian Rights |
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In riparian rights who owns the submerged land in navigable waters? |
The government |
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Rights & Terms of Realty -Applies to lake or ocean rights -Own to high water mark |
Littoral Rights |
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In states where water is scarce, ownership and use of water are often determined by? |
The doctrine of prior appropriation |
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Rights & Terms of Realty Right of tenant to use wood of owner in a lease situation for needs only. |
Estovers |
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Legal term for plants that do not require annual cultivation is? |
Fructus Naturales |
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Plants or crops that require annual cultivation are known as? |
-Emblements -Fructus Industriales |
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What are trade fixtures? |
Fixtures owned by tenant that are needed to perform their business in the leased space. |
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Rights & Terms of Realty Turning realty into personal property is called? |
Severance |
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Economic characteristics of land: |
-scarcity -improvements you can make -permanence of improvements -location (situs) |
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Characteristics of real property -Physical characteristics of land:
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-immobility -indestructible -uniqueness (nonhomogeneity) |
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Three methods of describing real estate: |
-Metes-and-bounds -Rectangular government survey -Lot and block |
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Rights & Terms of Realty A horizontal plane from which heights above or below sea level are measured with original from NYC harbor. |
Datum |
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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 |
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Rights & Terms of Realty Illegal physical attention on another's property. |
Encroachment |
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Rights & Terms of Realty Anything that affects value of realty including a lien. |
Encumbrances |
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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 |
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Rights & Terms of Realty -Regarded as personal property -The fruit of the crop |
Emblements |
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Rights & Terms of Realty Lessor or life estate holder fails to keep realty in the same condition they received. |
Waste |
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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 |
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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 |
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Rights & Terms of Realty Combining periods of continuous use or occupation of real property to establish adverse possession or a prescription easement. |
Tacking |
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Rights & Terms of Realty Visible value of realty, something you can touch. |
Tangible - Corporeal |
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Rights & Terms of Realty Invisible value of realty, more of a right; something you can't touch. |
Intangible - Incorporeal |
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Rights & Terms of Realty Permanent metal plates throughout cities in US to derive elevation heights. |
Benchmark |
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Rights & Terms of Realty Addition of soil and rock |
Alluvium |