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88 Cards in this Set
- Front
- Back
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the acquisition of title by the owner of real property to those things attached to the property by others, such as tenants, trespassers, or by nature
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accession
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designated air space over a parcel of land
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air lot
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the right to use and enjoy the air space above a parcel of land; the rights may be leased or sold separately from the land
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air rights
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anything that may be used with the land for its benefit and goes to the new owner when ownership is transferred
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appurtenance
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man-made objects such as streets, fences, iron pins, concrete markers, etc.
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artificial monuments
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permanent reference point of known location used by surveyors; may be established by a government survey team or a fixed monument such as a right-of-way
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bench mark
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a document that conveys ownership of personal property
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bill-of-sale
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personal property
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chattle
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the transfer to someone other than the owner of the land, the rights to remove attachments such as timber or buildings or the right to extract minerals
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constructive severance
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a doctrine of law that allows the riparian owners in certain states to use only a reasonable share of water during periods of drought
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correlative rights
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point of surface of known location from which heights and depths are measured; the basic point from which vertical land is described
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datum
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crops that require annual cultivation; considered personal property even though attached to the land; fructus industrials
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emblements
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an item of personal property that has become real property and will convey with the property when sold
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fixture
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crops planted and harvested each year
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fructus industrials
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any permanent, man-made attachment to the land such as buildings, fences, roads, etc.
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improvement
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an area that starts at the center of the earth, passes through the surface, and extends into infinity
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land
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the law that allows a well to be drilled on one property to extract the oil or gas reserves from under adjoining properties
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law of capture
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a landowner's lawful claim to use and enjoy the water of a big lake or ocean bordering their property
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littorial rights
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a method of legally describing land by measuring directions and distances of its boundaries
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metes and bounds
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a fixed point or object used to denote the end point of boundary lines in a metes and bounds description
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monument
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trees, rocks, streams, etc.
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natural monument
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anything of a moveable nature capable of being owned that is not considered real property
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personal property
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the staring position of a parcel of land described in a metes and bounds survey
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point of beginning
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a six mile strip of land running north-south in a rectangular survey
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range
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land and attachments on it, plus the rights ow own and use them
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real estate
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a method of legally describing the surface of land based on a grid system formed by principle meridians, baselines, range lines, and township lines; also know as a government survey system
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rectangular survey
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a parcel of land in a rectangular survey that is one mile square and contains 640 acres
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section
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the sum of all economic factors of a property's location that influence the value of the land
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SITUS
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a parcel of land in a rectangular survey that is six miles to a side or 36 square miles
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township
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an item of personal property attached to the land or building leased by a tenant who uses the item in their trade or business
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trade fixture
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a characteristic of land that holds that no two parcels are exactly the same because each parcel has its own unique location
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non-homogeneity
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a waterway open to the public for commercial boat traffic
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navigable water
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a tax based on the value of real property; at the rendering of the tax bill for the current year, it becomes a specific lien against the property until the taxes are paid
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ad valorem tax
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an encumbrance created against; when the court is granted custody of the property to prevent the owner from conveying title while a suit for damages is being decided
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attachment lien
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all of the rights a person can possess in real property, included are the rights of possession, control, enjoyment, and disposition
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bundle of rights
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a restriction in a lease or deed that specifies that the property will or will not be used in a certain manner; must be enforced by seeking an injunction or damages; they have time limits, at which time they are no longer effective
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covenant
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a husbands life estate in real property owned by his wife and conveyed by law after her death
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curtsey
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the land parcel that benefits from an easement appurtenant, when title is conveyed, the easement automatically transfers to the new owner
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dominant estate
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a legal right to use the land of another for a specific purpose and in a specific manner; the right is only an interest in the land and does not give the easement owner an estate
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easement
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an easement that grants a right to a parcel of land and on another parcel; the land on which the easement runs is the servient estate; the land that receives the benefit of the easement is the dominant estate
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easement appurtenant
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a legal right to use the land of another; involves only one parcel of land and does not benefit any particular property
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easement in gross
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an exit leading out from a parcel of land
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egress
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the government's right to take private property for public use with or without the consent of the owner upon payment of just compensation; the right may be delegated to quasi-public corporations, such as utility companies; the court suit for taking the property is called condemnation
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eminent domain
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the illegal intrusion of an improvement building or other attachment onto a neighboring land or into their airspace
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encroachment
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anything that affects fee simple title or the use of the land; such as leans, easements, restrictions, and encroachments
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encumbrance
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a government right for the land to go back to the state when the owner dies without leaving a will and without heirs
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escheat
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the quality, quantity, nature, and extent of ownership interest or the rights a person holds in real property; it can be either possessory or non-possessory
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estate
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an interest in real property held by a tenant who holds over without the consent of the landlord after the right of possession has terminated
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estate of sufferance
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a tenant's interest in real property for an indefinite period of time; either party my terminate the state on proper notice to either party
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estate at will
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a tenant's interest in real property for a fixed period of time
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estate for years
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a tenant's interest in real property for a certain period of time; without proper notice, this period is automatically renewed
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estate from period to period
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an inheritable estate of indefinite duration, without restrictions or conditions to satisfy in order to retain ownership; it is the most complete form of ownership in land that one can hold; it is said to be potentially perpetual
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fee simple absolute
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a fee simple estate that automatically ends and goes back to the grantor, the grantor's heirs, or a remainder man, if named, on the occurrence or nonoccurrence of a stated condition
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fee simple determinable
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an ownership interest in land that is freely inheritable; the estate may be absolute, determinable, or conditional
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fee simple estate
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a fee simple estate that may be ended by the grantor, the grantor's heirs, or a remainder man, if named, on the occurrence or nonoccurrence of a stated condition
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fee simple on condition subsequent
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an ownership interest in land, the duration of which is uncertain; the estate lasts forever (inheritable) or its duration may be measured by one person's lifetime
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freehold estate
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a lien against all of the property owned by the debtor
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general lien
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a tenant who remains in possession of the premises after the right of possession has ended; this may or may not be with the landlord's permission
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holdover tenant
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a property owner's monthly payment of taxes and insurance into an escrow account maintained by the lender who holds the mortgage, the funds are set asides and the lender pays them as they come due
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impounds
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an intangible interest in land, such as an easement
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incorporeal
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tax on property received by will or by inheritance through probate court
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inheritance tax
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a lien permitted by law and recorded without the landowner's consent; may affect only one particularly property or all of the debtor's property; also know as a statutory lien
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involuntary lien
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a creditor's legal claim on all the debtor's property located in the county where the judgement is recorded; the lien enables the creditor to have the property sold to satisfy a debt
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judgement lien
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undue delay or failure to exercise on's right resulting in the loss of ability to exercise that right
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laches
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a tenant's right in real property granted by a lease
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leasehold estate
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a life estate created by state law, the holder of which has a non-possessory interest in real property; including dower, curtsey, and homestead protection
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legal life estate
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an owner's permission for another to use the land for a specific purpose; the permission does not grant right in the land, but a personal privilege that is neither transferable or inheritable, and may be terminated by either party
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license
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a monetary claim against real estate that serves as security for a deed
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lien
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a freehold estate for an indefinite duration measured by the life of someone; also called a conventional life estate
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life estate
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a life estate whose duration is measured by the life of someone other than the life of a tenant
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life estate pur autre vie
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one to whom a life estate is granted; the owner of the estate
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life tenant
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legal notice that a lawsuit is pending and the outcome could affect the title to certain real estate
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lis pendens
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a lien created by a statute against real property; it exists for the purpose of securing payment to those persons who have performed work or provided materials for the improvement, maintenance, or repair of real property against which the lien is recorded
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mechanic's lien
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a monetary claim against a specific property pledged by its owner as security for the repayment of a loan or other debt
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mortgage lien
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a life estate whose duration is measured by the life of the life tenant
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ordinary life estate
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a fence or wall of a building that straddles the boundary line of two adjoining lots and exists for the use of both owners
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party wall
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the government's right to enact and enforce legislation that regulates the use of real estate to provide for the public safety, health, morals, and general welfare of the community
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police power
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a method of acquiring an easement through continuous open, visible, and notorious use of another person's property; the use must be without the owner's permission and for a period as prescribed by law
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prescription
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an estate in which the right of possession comes into being upon the termination of a lessor estate; the right of possession is vested in someone other than the grantor of the lesser estate
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remainder estate
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one who holds a right of future possession; named by the grantor to receive the fee simple estate upon termination of a lesser estate
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remainderman
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an estate in which the right of possession comes into being on the termination of a lesser estate, such as a life estate; the right of future possession is vested in the grantor of the lesser estate or the grantor's heirs, if the grantor is deceased
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reversionary estate
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a deed provision that causes a fee simple determinable estate to automatically terminate and revert to the grantor or a remainderman on the occurrence of a stated condition
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reverter clause
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a parcel of land over which an easement runs
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servient estate
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a lien against only one property
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specific lien
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a buyer's lien against the property of a seller who is in default on a contract to sell
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vendee's lien
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when a seller finances part of the purchase price and purchaser pledges the property as security for the debt, and the seller holds against the property; also known as a purchase money mortgage
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vendor's estate
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a lien recorded with the owner's consent; created by agreement
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voluntary lien
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a court order directing the sheriff to seize and sell enough of the debtor's property to satisfy a judgment and pay expenses of the sale
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writ of execution
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