chap 3

Question 1

Land –

Answer 1

Included, but not limited to, the soil, earth, and ground, that which is the result of nature or man-made, as well as an indefinite extent upward into the air, and downward in a direct line from the surface to the center of the earth.

Question 2

Real Estate –

Answer 2

Land, and generally whatever is erected upon or affixed thereto. Improvements, such as buildings, structures, landscaping, fences, etc, are included.

Question 3

Real Property –

Answer 3

That which is immovable. Land, things affixed to land, and appurtenances. Real estate plus the Bundle of Rights.

Question 4

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Personal Property – All property that is not considered to be real property. That which is movable (not attached to land).

Question 5

Appurtenances –

Answer 5

Something which is outside property itself but belongs to the land and adds to its greater enjoyment such as a right-of-way or a barn or a dwelling.

Question 6

Bundle of Rights –

Answer 6

the rights, or interests, that an individual has in a particular piece of property. The right to dispose, the right to encumber, the right to possess, the right to use, and the right to exclude others (the right of quiet enjoyment).

Question 7

Alienate –

Answer 7

The capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another.

Question 8

Encumbrance –

Answer 8

Any right to or interest in the land interfering with its use or transfer, or subjecting it to an obligation.

Question 9

Reversion –

Answer 9

A future interest that is retained by the grantor after the conveyance of an estate of a lesser quantum that he/she has.

Question 10

Fixture –

Answer 10

An item of personal property after being attached to real property.

Question 11

Trade Fixtures –

Answer 11

Removable personal property that a tenant attached to leased land for business purposes.

Question 12

The Right of Lateral Support –

Answer 12

The right of a land owner to have the natural physical support of the adjoining piece of land.

Question 13

Water Rights

Answer 13

– The rights of a land owner and/or land occupier to use adjacent bodies of water in a reasonable fashion.

Question 14

Riparian Rights – The rights of a land owner or land occupier to use flowing water (such as a river) that is adjacent to the land.

Question 15

Littoral Rights –

Answer 15

The right of a property owner whose land borders on a body of water, such as a lake, ocean or sea, to reasonable use and enjoyment of the shore and water the property borders on.

Question 16

Accession –

Answer 16

The potential right of ownership to land which is produced, then added or united to the owner’s land.

Question 17

Accretion –

Answer 17

The process of gradual growth or increase over a period of time from naturally occurring events, resulting in additional layers of matter.

Question 18

Erosion –

Answer 18

The eating away of a coastline or land by the action of water, ice, and/or wind, or wearing away of a surface by corrosion or traffic.

Question 19

Metes and Bounds –

Answer 19

A term used in describing the boundary lines of land, seeing forth all the boundary lines together with their terminal points and angles.

Question 20

Contiguous –

Answer 20

Lots that touch at any point (even corners).

Question 21

Police Power –

Answer 21

The right of any political body to enact laws and enforce them, for the order, safety, health, morals and general welfare of the public.

Question 22

Eminent Domain –

Answer 22

A right of the government to acquire property for necessary public use by condemnation; the owner must be fairly compensated.

Question 23

Condemnation –

Answer 23

Taking private property for public use, with fair compensation to the owner; exercising the right of eminent domain.

Question 24

Escheat –

Answer 24

The reversion of the State of property in event the owner thereof abandons it or dies, without leaving a will and has no distributes to whom the property may pass by lawful descent.

Question 25

Zoning –

Answer 25

The division of an area into zones, as to restrict the number and types of buildings and their uses.

Question 26

Non-conforming Use –

Answer 26

The historical use whereby an individual would ask to use that property for that historical use, otherwise they will have to endure undue hardship

Question 27

Frontage –

Answer 27

The linear distance along which a building faces a lot or a roadway.

Question 28

Setback –

Answer 28

The distance a structure must be placed away from the street.

Question 29

Side Yard –

Answer 29

A yard that extends along a side lot line from the front yard to the rear yard.