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24 Cards in this Set

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Real Estate

Land with improvements. Above and below earth's surface & permanent things attached to it; natural or artificial.

Real Property

Real estate + bundle of legal rights. Interest, benefits and rights that are automatically included with ownership

Riparian

River water rights

Land

Natural, Nothing man made (real property)

Bundle of legal rights

Possession control enjoyment exclusion disposition

D E P E C

Littoral

Lakes, to the high water mark (also includes oceans...own to high water mark)

Accretion

Land builds up somewhere because water carried it

Erosion

Land is being lost due to water carrying it away

Avulsion

Sudden loss of land due to act of nature (earthquake, etc)

Severence

Real property becomes personal property

Annexation

Personal property becomes real property (ie: building a fence)

Fixtures

Personal property affixed to land or building becomes real property

4 factors to determine Fixtures

Intent, Method of annexation, Adaption to Real Estate, Agreement

IMAA

Trade Fixtures

Attached by tenant to rental space and used in course of business is personal property unless left after lease expires then is real property.

Accession

When personal property (ie: trade fixtures) left after lease expires becoming real property of the landlord

Air rights

The right to use the ooen space above a property

Appurtenance

Stays with the land (driveway, house, etc)

Area Preference

Location (most important economic characteristic of Real property) Aka: Situs

Situs

Fancy term for location

Difference between Real Estate and Real property

Real property includes the bundle of legal rights.

Improvements

Man does to land

Prior appropriation

Where water is scarce, use could be determined by government

Subsurface rights

Ownership rights beneath the surface of the property

Surface rights

Ownership limited to the surface of the property