Chapter Six: Owning it; Estate and Interest

Question 1

Definition: Fixture

Answer 1

Personal property that becomes real estate.

Question 2

What are the four legal tests that determine whether a piece of personal property is a fixture?

Answer 2

1. Adaptation of an item to the real estate- customized
2. Existence of an agreement- they can define
3. Method of attachment- how it’s attached
4. Relationship of the parties- Trade fixtures, commercial

Question 3

Definition: Estate

Answer 3

The extent and type of interest or rights that someone has in a piece of land.

Question 4

Definition: Littoral Rights

Answer 4

Granted to owners of property that border large lakes, the ocean, or sea.

Question 5

Definition: Riparian Rights

Answer 5

Granted to owners of property that border rivers and streams.

Question 6

What is a fee simple condition precedent?

Answer 6

Title won’t pass from person to another until a particular condition is met.

Question 7

What is a fee simple condition subsequent?

Answer 7

The original owner can reclaim the property if some condition isn’t met after title has passed to the next owner.

Question 8

What is the doctrine of prior appropriation?

Answer 8

It exists in states where water rights are an issue and have to do with controlling the water.