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19 Cards in this Set

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  • Back
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Real property

Land and improvements in a physical sense as well as the rights to own or use them.

Real property

Personal property

A right or interest in things of a temporary nature anything not classified as real property.

Items that are not part of land such as tables chairs Beds desk automobile‘s and farm machinery if the right to use them is to be transferred to the buyer the seller should sign a separate bill of sale.

emblements

Annual cultivated crops personal property in though they are not attached to the soil

Chattel

An article of personal property; a mortgage against personal property

An old English term more often heard in law office than real estate

Fixtures

Starts as personal property but now considered real estate

Chandeliers sinks alarms lighting

Manner of attachment

Refers to how the object is attached to the land

Cement, nails, or bolts it becomes a fixture

Adaptation of agreement

Custom made drapes made specifically for a window, keys to the house are adapted to the house and therefore part of it

Existence of agreement

Between involved parties

A seller can formally and informally clarify what he considers personal property and remove it and what he does not consider personal property can be transferred to buyer

Relationship of the parties

Tenant fixtures and trade fixtures do not become property of the land

They must be removed before the expiration of the lease and without seriously damaging the building

Physical characteristics of land

Immobility, indestructibility and non homogeneity

Immobility

A parcel of land cannot move

The parcel itself remains and retains its same geographical location on the globe

Indestructibility

Land is indestructible that is, durable

Non homogeneity

No 2 parcels are exactly alike and no 2 parcels can occupy the same position on the globe

Physical aspect

The 4 characteristics that influence mans economic behavior toward land

Scarcity

The shortage of land in a given geographical area where there is great demand for land

A man made characteristic

Modification

Improvements made by man to the surrounding parcels of land.

Land previously worked for agriculture suddenly became useful motelsgas station restaurant restaurant

Fixity

Refers to the fact that land and buildings require long periods of time to pay for themselves

Situs

Refers to location from an economic standpoint rather than geographic standpoint

“ Location, Location, Location “

Legal property description

Identifiable land that cannot be confused with another tract

Are needed for recording purposes