Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
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 |