Chapter I: Intro to the Law of Real Property Flashcards Preview

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Flashcards in Chapter I: Intro to the Law of Real Property Deck (20)
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1
Q

systems of law

A
  1. Federal Law

2. State Law

2
Q

federal law

A

Laws that are uniform throughout the country.

3
Q

state law

A

Laws that vary from state to state. Governs the law of real property.

4
Q

classifications of property

A
  1. real

2. personal

5
Q

real action

A

Led to the return of the thing itself. Was used when land was wrongfully detained by another.

6
Q

personal action

A

Gave a money claim against the wrong doer. The thing itself was not returned.

7
Q

real property

A

Land and property that are permanently attached to the land.
i.e. Homes, office buildings, trees

8
Q

personal property

A

May include living (i.e. animals) and inanimate objects (i.e. television)

9
Q

tangible personal property

A

Property that has a physical substance.

10
Q

intangible personal property

A

Set of rights that represent control or ownership of something of value.
i.e. bonds, patents

11
Q

fixture

A

Item of personal property that becomes real property because of its attachment to the land or a building.

  • The more permanent the attachment or annexation, the more likely the court is to determine the item is a fixture.
  • Something that specifically was adapted to or enhances the use of a building is likely to be a fixture
12
Q

trade fixtures

A

Shelving, counters, and other ornamental items installed on property by a tenant to assist a tenant in the conduct of their business.

  • Most states allow removal of trade fixtures during or after the term of the lease
  • Tenant may have to repair any damage done by removing or adding
13
Q

fixtures in court

A
  • Courts will pay strict attention to the intention of the parties regarding the object and any written intentions are strictly enforced.
  • Court generally favors the purchaser and not the seller unless the fixture was removed before the sale or reserved for the seller in the contract
14
Q

fixtures when pledging real property in debt

A

If pledging real property for a debt fixtures are included in the pledge.

15
Q

Airspace Rights in Real Property

A
  • Public domain airspace occurs at certain, very high, elevations
  • Private airspace is of high enough elevation to construct the tallest of buildings
  • Can be valuable when building skyscrapers or preserving a scenic view
  • Most states allow ownership to preserve sunlight shining into solar panels
16
Q

Mineral rights in real property

A

Owner generally has rights to all minerals below the land.

  • ownership of the surface may be divided and separate from the minerals below the surface
  • minerals can be sold or leased to a company that extracts them
  • limitations are commonly set to the amount the mineral owner can disturb the surface of the land
17
Q

Plants and the type of property they are

A

Trees, grass, and preenial bushes that do not require cultivation are real property. Crops produced by labor are personal property.

18
Q

Categories of water sources

A

Source of water governs a landowner’s right to own and use it.

  1. Groundwater
  2. Surface water
  3. Water in a stream, river, or natural lake
19
Q

groundwater

A

An underground stream or spring. If it is created by water soaking through the earth then the owner has the right to use it in any way unless it is harmful to adjoining properties.

20
Q

Surface water

A

Accumulates on land from rain. Landowner can use unless it harms adjoining properties