Chapter 1 ?s Flashcards
(29 cards)
Real property is changed into personal property by: A. the right of appropriation. B. severance. C. the law of capture. D. fructus naturales
B. severance
What are the physical characteristics of land?
- Immobility
- Non-homogeneous
- Indestructibility
What are the economic characteristics of land?
- Location, Preference (Situ)
- Improvements
- Fixed Investment
- Scarcity
Definition: Situs
The sum of preference to a particular location because of weather, scenery, and job opportunities as well as proximity to schools, shopping, or transportation.
What are the five tests for determining whether an item is a fixture?
Modification Attachment Relationship of the parties Intentions of annexing party Agreement
Definition: Appurtance
Any right, interest, or improvement which automatically conveys with the ownership of the property. Said to run with the land.
Definition: Tenements
Things, natural or man-made, permanently attached to the land, physically or legally, and are immoveable by law.
Definition: fructus naturales
Vegetation grown naturally and requiring no annual cultivation. Considered real property.
Definition: fructus industriales
Crops that are planted and harvested each year. Also known as emblements.
Definition: Improvements
Any of of human planning or labor that is affixed to the land with the intent of being permanent.
Examples include buildings, fences, driveways, pipelines, swimming pools, and attached mobile homes.
Percolating water
Underground water that is not confined to a specific waterway.
Air lot
There block of air reach condominium owner owns, measures from wall to wall.
Right of Lateral Support
Right that provides that the natural contour of adjoining land must not be damaged by efforts to extract minerals from below the surface.
Riparian Rights
Rights of owners with properties adjacent to Rivers or streams to use the water such as swimming, boating, or fishing. Diversion of water for irrigation is possible if the natural floor is not interrupted or altered.
Navigable Waters
Rivers and oceans used for commercial shopping and are identified on government survey maps.
Littoral rights
Rights of owners of property bordering large, navigable lakes, oceans, or seas and typically involve the use and enjoyment of the shore. Owners have the right to use the beach or the water but could not interfere with the public’s right off use.
Prior appropriation
In certain states, when water is scarce, the riparian rights of owners with land adjacent to Rivers or streams may be limited to those owners bearing a permit.
Correlative rights
Doctrine some states enforce which allows the owner of riparian rights only a reasonable share of the water during times of short supply.
water table
The level at which percolating water is found.
mineral rights
The land owner’s rights to such things a coal, oil, gas, and ores.
law of capture
A law that allows a well drilled on one property to extract oil and gas from under adjoining properties. All land owners have an equal right to drop for oil and gas.
Air rights
A land owners rights theoretically extend into the space above the land to infinity.
Severance
The process by which an item of real property becomes personal property.
Modification
One if the five tests for determining whether an object is a fixture in which a building is modified to accept an article or when the article is modified to fit the building.
Ex. A hole is cut in the wall for an air conditioning unit.
