Chapter 2 basics of real estate law Flashcards

(49 cards)

1
Q

Any man may additions to the land that are permanent

A

Improvements

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2
Q

The ability to use extracted resources, such as stone, gravel and limestone

A

Surface rights

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3
Q

What includes the rights to deed oil, gas, and other minerals?

A

Subsurface rights

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4
Q

Things of temporary or movable nature

A

Personal property

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5
Q

Annual crops that are considered personal property, even though they are attached to the land are

A

Emblements

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6
Q

A body of law developed in England that is based on common sense

A

Common law

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7
Q

The body of laws and regulations, and acted by federal and state legislatures

A

Statutory law

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8
Q

The surface of the Earth, extending downward toward the center of the Earth and upper above surface to infinity, is also known as

A

Land

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9
Q

What is real estate?

A

All that is encompassed in land, with the addition of all man-made additions to the land, such as roads, houses, and commercial buildings

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10
Q

In Texas, the _________ estate is the dominant estate

A

Subsurface

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11
Q

Any man-made addition to the land that is permanent is known as

A

An improvement

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12
Q

Chattel is also known as

A

Personal property

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13
Q

In order for personal property to be a company with the sale of a real property it needs to be accompanied with

A

A bill of sale

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14
Q

When personal property is attached to the land, so that way it becomes real property it is called

A

A fixture

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15
Q

The process of attaching a fixture

A

Annexation

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16
Q

Another word for removing a fixture

A

Severance

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17
Q

What three tests do courts apply to determine if something is a fixture or personal property

A

Intention of parties, method of attachment, adaption to the property

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18
Q

What home is built in a factory according to a federal building code and is built on a frame that includes axles and towing components?

A

Manufactured home

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19
Q

What type of home is built offsite in a factory and his built to comply with local building codes?

A

Modular homes

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20
Q

Land has three physical characteristics what are they?

A

Indestructibility, immobility, non-homogeneity

21
Q

What are the four economic characteristics of land?

A

Scarcity, modification, fixity, and situs

22
Q

_______ comes from the theory of supply and demand

23
Q

Modification is

A

Man made changes to the land

24
Q

Land and additions to the land, such as buildings, take long periods to pay for themselves

25
Location, location, location
Situs
26
In Texas what are the three ways that ownership can be held?
Estate in severalty, coownership, trust
27
________ involves ownership of real estate buy one individual or entity
Estate in severalty
28
A co-ownership
Involves ownership of real estate by two or more entities
29
What is the most common co-ownership?
Tenancy in common
30
True or false : If only one signature is required on a deed conveying, full ownership of the property to another, the seller owns the Estate in severalty
True
31
If tenants in common decide if they want to split their land, how can they do so
With a partition
32
A poor man’s will is also known as
Joint tenancy
33
In order to create a joint tenancy four unities are required
Time, title, interest, possession
34
What is a Spanish law that considers marriage a partnership rather than a husband and wife becoming one?
Community property
35
Property that is owned by a married person that is not considered community property is
Separate property
36
An entity created for the benefit of another
Trust
37
A business venture owned by one individual
Sole proprietorship
38
A business entity that can be created by a simple, written or oral agreement
Partnership
39
A group of individuals that join together for a single business venture
Joint venture
40
Condominiums are established under laws referred to as
Horizontal property acts
41
In a condominium
Each unit is a separate legal ownership, and each resident arranges his or her own financing
42
Attached units that share one or more common walls with other units (party walls)
Townhomes
43
True or false: owners within a cooperative do not own a specific unit
True
44
Timeshares are often referred to
Interval, ownership
45
The first federal fair housing law was
The civil rights act of 1866
46
True or false: when advertising you can indicate a limitation or preference, based on race, color, national origin, religion, sex, familial, status, or handicap
False
47
What is the best practice when advertising?
Describe the property as opposed to describing the occupant our owner
48
The American with disabilities act requires
The removal of architectural and communication barriers
49
Who are exempt from the ADA?
Single, family homes, private clubs, historic buildings, and religious organizations