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46 Cards in this Set

  • Front
  • Back
The term for land and improvement thereon is
Realty
The term for interest and rights in real estate is
Real Property
The term for land and improvements combines with rights and interest is
Real Estate
Real estate rights are comprised of
(3 things)
1. Surface
2. Air
3. Subsurface
Subsurface rights are often called ______ rights
Mineral
6 examples of mineral rights
1. Oil
2. Gas
3. Granite
4. Marble
5. Gravel
6. Uranium
In texas, _____ rights usually prevail over surface rights.
(TEST Question)
Subsurface
An example of air rights is an
Aerial Easement
Anything permanently affixed to land is called an
Improvement
Anything not considered real property is _____ property
Personal
Personal property made permanent by attachment to land is called a
Fixture.
4 Test of Fixture
1. Method of Attachment
2. Method of Adaptation
3. Effects of removal
4. The Intent of the installer
Method of attachment examples:
1. Bolted
2. Glued
3. Nailed
Method of adaptation examples:
Was the item customized
Effects of removal on underlying real estate examples
Gaping hole in ceiling due to chandelier removal
The intent of the installer examples:
Deck around the pool
The _____ is the most important test
Intent of the installer
A fixture is not considered permanent by law is called _____ fixture
Trade
A ________ lien can be filed against fixtures (ex: air conditioning units)
Mechanical
A right that conveys with real property ownership is called an
Appurtenance
Example of Appurtenance
HOA Pool, Playground
Another name for personal property is
Chattel
A right of a river or stream lot owner to use in a reasonable manner is called _____ right
Riparian
A right of a property owner to use and enjoy lake, bay or sea water adjacent to their property is called a ________ right
Littoral
Test Question
Ownership of land does not include ownership of aquifer water (percolating water), only ground water (water table)
Test Question
Water rights are contained in the _______
State water code
______ enforces the water rules.
Texas Commission on Environmental Quality (TCEQ)
A navigable waterway in Texas must be a minimum of an average of ____ feet wide regardless of depth
30
Several ____ in Texas are exempt from the constant use law.
Rivers
Constant Use law Example
Blanco River
(address): sufficient for a lease but not for a sales contract in Texas.
Informal Description
_____ Typically used in sales contracts along with an address
Legal Description
Within a recorded subdivision, land is described in 4 ways
1. Lots
2. Blocks
3. Sections
4. Phases
In unrecorded rural areas, land is described in _______ and ______.
1. Surveys
2. Abstracts
2 Differences between recorded plot and survey.
1. Survey is completed for the lender
2. Plot is par subdivision development.
A method of identifying a parcel of land by its shape and boundaries is called ________ description
Metes and Bounds
* Starts with a monument- typically a concrete marker or metal rod called "the point of beginning"
* Readings are always north or south and move clockwise
* No reading is more than 90 degrees
* 360 degrees in a circle
* 60 minutes (') in a degree
A _______ map (contour map) is another method of identifying real estate.
Topographical
The fact that a tract of land itself cannot be moved is called
Immobility
For most part land is
Indesctructable
The fact that no two tracts are exactly the same because no two tracts can occupy the exact same location is called
Non - Homogeneous
The supply of available land in a given location is called.
Scarcity
The process whereby one improvement can affect improvements made to surrounding property is called ______
Modification.
An example of a modification would be.
Super Walmart,
School
Cabelas
______ defines a property's location from an economic rather than geographic point of view.
Situs
An example of a situs would be
Corner lot, Hillview, Lake Frontage