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41 Cards in this Set

  • Front
  • Back

A Fixture, Five legal basic test

MARIA


Method of attachment,


Adaptability of item to landuse


Relationship of parties


Intention to be temp or perm


Agreement of the parties

Bundle of legal Rights


Real Property


Ownership Rights

DEEP C


Disposition


Enjoyment


Exclusion


Possession


Control


Land

Earth surface extending downward and air plus all attached trees bodies of water

Real Estate

LAND + permanent human made addition

Real Property

Real Estate plus bundle of legal owner's Rights

Riparian Right

Common law right to land owner next to River or stream or flowing water to use

LiTToral Rights

Owners of land bordering lakes, sea, oceans= navigate able water have unrestricted use of availabile water , own land to average high water mark.

Prior appropriation

State determine requirements of water permitted use. Beneficial is awared permit. Water Rights may attach to land

Trade Fixture

An article owned by a tenant attached to rented space used in conducting business


Must be removed by last day or become fixture to landlord

Accession

Acquiring real property by abandoned trade fixture not removed from rental property at end of lease.

Economic character of


Real Estate

Scarcity


Improvements


Permanence of Investment


Area preference



Three physical character of LAND

Immobility. - fixed geography


Indestructibility


Uniqueness - non Homogeneity

Nonhonogeneity

Uniqueness of land no two parcels of land are exactly the same or in same location

Situs

Area preference


Location, location, location


Econ. character of real estate


Unique qualify results in different price point. Often single most important econ factor


Free hold estate

Owning interest possession of real property for an indeterminate length of time Fee Simple. Or


Fee defeasible

FEE DeFeasible

Type of Estate that is Qualified and subject to an occurrence or restrictions of specific event

FEE Simple Absolute

Highest form of real Estate interest recognized by Law

Life Estate

A freehold Estate(real property Interest) based on the length of life if a tenant or someone else (PUR AUTRE VIE)

Encumbrance

A claim, charge or liability that attaches to Real Estate like a lein

Lein

A charge against property that provides security for a debt or obligation of property owner

CC&R

Covenant condition and Restrictions are private limits on the use of land as listed in deed of sub divisions

Easement

Alright to use land of another created by written agreement and runs with the land unless

Easement appurtenances

An easement that give rights that stay with the deed of the property

Easement in gross

The intesest of a individuals or company right to use another's property

Easement of nessesity

Interest when land had no access to a street or public way.

Easement by prescription

Interest is aquired when claimant (squater) had used another person's property for 15 years continuously non-exclusive, visible, open and notorious

Easement termination

Need is gone


Owns both parcels


Release by dominant tenement


Abandoned


Or Non use of Prescriptive eas

License

Personal priviledge to enter the land of another for a specific purpose

Encroachment

Occurs when all or part of a structure illegal intrudes on the land of another or beyond legal building lines

Lisa Pendens

Gives notice of litigation in progress that may affect title to property

Police powers

The states authority passed down to county and local through legal acts to preserve order, protect public health and safety promote general welfare


PETE. Police Eminent domain Tax Escheat

Escheat

When the state takes control of property after the owner dies leaving no will or lawful heirs

Taking

5th amendment requires that owners be given just compensation in a condemnation. Eminent domain

Inverse condemnation

If an adjacent public land diminished the value of the owners property but property is not condemned for public use property owner may claim compensation

Future Interest

Estate interest that will only be possible at some point in the future and may never take effect reverter or right of entry

Life Estate

Interest in and possession of land determine by the life time of a person

Freehold Estate

An ownership interest that continues for indetermined time frame

Freehold Estate

Time and interest in Real Property


Fee Simple Estate Or Life Estate



Fee simple Absolute


Fee simple defeasible



Condition life Estate


Legal life estate

Fee Simple Defeasible

The owning interest in Real property that is subject to some specific event occurrence or non occurrence

Fee Simple Determinable

Real property Qualified by special Limitations: so long as, -while - during: may be inherited - former owner retains possible right of reverter , may be inherited

Fee Simple subject to condition subsequent

a Condition of ownership, that if violated require legal action to assert right of reverter