ch 2 Flashcards

1
Q

what kind of land owning system was held under royalty

A

feudal system

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2
Q

real estate in the united state follows what system

A

allodial system

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3
Q

what is a body of law developed through court decisions based on custom and usage

A

common law

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4
Q

_____________ are the rights someone has in something, and they are often defined as a “bundle of legal rights”

A

property rights

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5
Q

the right to occupy the property

A

possession

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6
Q

the right to possess the property without interference

A

enjoyment

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7
Q

the right to sell or give the property to someone else

A

disposition

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8
Q

the right to use the property the way the owner wishes within the limits of the law

A

control

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9
Q

the right to keep other people from using the property

A

exclusion

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10
Q

a property owner’s right are restricted by certain powers of the

A

government

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11
Q

the term land refers to

A

surface of earth, below earth to the center of earth, and above to infinity, and all natural things permanently attached

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12
Q

real estate includes

A

all components defined in land plus artificial things

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13
Q

all land that is unimproved is called

A

raw land

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14
Q

ownership rights that includes rights to space above the surface of the earth is called

A

air rights

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15
Q

ownership rights that includes rights below ground surface are called

A

subsurface rights

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16
Q

real estate plus bundle of legal rights

A

real property

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17
Q

land plus man made additions

A

real estate

18
Q

additions to the property that are created artificially rather than by nature

A

improvements

19
Q

property can be classified as either

A

real property or personal property

20
Q

what includes the land and the air above it to infinity and ground below the land to the center of the earth, and anything permanently attached to the land by nature or humans

A

real property

21
Q

also known as chattel property or personalty

A

personal property

22
Q

includes any property that is not real property

A

personal property

23
Q

personal property is

24
Q

real property is

25
personal property and also be classified as either be
tangible or intangible
26
tangible property
includes things that you can see and touch
27
intangible property
cannot be seen or touch... such as stock certification
28
real property can be changed to personal property by
severance... a tree being cut down for example
29
personal property can be changed to real property by
attachment....
30
natural growing plants and tree are
real property called fruits of nature
31
cultivated annual crops are considered
personal property called emblements, fruit of industry
32
an object that was once personal property, but has been attached to the land or property
fixtures
33
and article attachment by tenants to the building for use conducting a trade or business
trade fixtures, chattel fixtures
34
fixtures are
real property, become party of the building, are owned by the landowner, are included in the real estate, sale contract
35
trade fixtures
personal property, can be removed, are owned by the tenants, change owners by separate agreement
36
the four tests of a fixture
agreement of the parties, intention of the parties, method of attachment, adaptation of the item
37
a test of a fixture that determines if a fixture is permanent or not due to damage to property if removed
method of attachment
38
a test of a fixture..... an information brochure given to potential buyers states that the item is excluded from the sale
intention
39
test of a fixture .... if the item is adapted or custom built to fit the property, it will be considered a fixture
adaption
40
test of fixture... and existing agreement between the parties.
agreement of the parties
41
Another name for personal property is
chattel