Elements of Real Property

Question 1

The earth’s surface extending downward to the center of the earth and upward to infinity, including permanently attached natural objects

Answer 1

Land

Question 2

Land, plus all things permanently attached to it naturally or artificially

Answer 2

Real Estate

Question 3

Real estate, plus the interests, benefits, and rights automatically included with real estate ownership

Answer 3

Real Property

Question 4

What does the acronym MARIA stand for

Answer 4

Method of annexation
Adaptability of item to land's use
Relationship of the parties
Intention in placing item on land
Agreement of the parties

Question 5

Personal property is attached to real property, making it a fixture

Answer 5

Annexation

Question 6

Commercial tenants may remove their trade fixtures under these 3 conditions

Answer 6

The fixtures are:
Essential for the tenant’s business operations
Detachable without damaging the property (or repairable)
Moved out within a certain period of time

Question 7

What are emblements

Answer 7

Cultivated crops

Question 8

Two actions that impact these plant classifications are

Answer 8

Severance and Annexation

Question 9

What are two primary categories of real estate characteristics?

Answer 9

Economic and Physical

Question 10

Ownership rights included with ownership in real property

Answer 10

Possession and enjoyment, control, exclusion, and disposition

Question 11

2 Surface rights
2 Subsurface rights
Air rights

Answer 11

Land and Water
Gas and Mineral
The space above (height established by law)

Question 12

Can you sell one of your bundle of rights?

Answer 12

Yes. This explains how their can be multiple “owners”

Question 13

Are granted to landowners whose land abuts a river or stream.

Answer 13

Riparian

Question 14

Are granted to landowners whose land borders closed bodies of water, such as lakes and oceans. (An easy way to remember this is that both littoral and lake begin with L.)

Answer 14

Littoral

Question 15

The process in which water carries rock, sand, and soil and causes land build-up

Answer 15

Accretion

Question 16

New deposits of land that are the result of accretion (common at the mouth of large rivers)

Answer 16

Alluvion

Question 17

The increase of land or property due to natural or man-made causes

Answer 17

Accession

Question 18

Gradual loss of land due to natural force

Answer 18

Erosion

Question 19

Rapid loss of land

Answer 19

Avulsion

Question 20

Gradual receding of water, which uncovers new land

Answer 20

Reliction

Question 21

Legal doctrine that grants water rights to the first individual or entity to take water from a source for beneficial use. Based on need or use rather than adjacency

Answer 21

Doctrine of Appropriation

Question 22

The inherent or automatic ownership rights that are the natural consequences of property ownership

Answer 22

Appurtenance

Question 23

Everything that’s not real property

Answer 23

Personal Property

Question 24

Anything permanently attached to the land or to permanent structures on the land) are part of real property, and are included with a sale of real property unless the parties negotiate differently

Answer 24

Fixture

Question 25

Legal tests to determine real property vs. personal property

Answer 25

Method of annexation, intentions of the annexing party, agreement of the parties, and adaptability

Question 26

Economic characteristics of land

Answer 26

Scarcity, improvements, permanence of investment, and situs (location)

Question 27

An item that was real property becomes personal property through detaching it from the land

Answer 27

Severance

Question 28

Immobility, indestructibility, and uniqueness (non-homogeneity)

Answer 28

Physical characteristics of land

Question 29

A method of identifying a property in written words that allows for an unambiguous interpretation of a property's boundaries and location

Answer 29

Legal description

Question 30

A survey system using points of reference and directional indicators to identify and locate a property for legal purposes

Answer 30

Metes and bounds

Question 31

A natural or man-made permanent landmark that serves as a point of reference in a metes and bounds description

Answer 31

Monument

Question 32

A survey system that describes land in reference to principal meridians and baselines.

Answer 32

Rectangular government survey system

Question 33

A map that shows the location of a piece of property in context to its adjoining lots, roads, and landmarks. It includes lot, street, and block identifiers

Answer 33

Plat map

Question 34

A square that is six miles by six miles (36 square miles) and makes up the principal unit of the rectangular government survey system

Answer 34

Township

Question 35

In a government survey system, a township is divided into 36 portions, so each portion is 1/36th of a township

Answer 35

Section

Question 36

Describes the points of measurement from which vertical height (or depth) is measured,

Answer 36

Datum

Question 37

Serve as permanent reference points, often brass markers

Answer 37

Benchmarks

Question 38

Artificial attachments to land that include things such as fencing, buildings, and walkways

Answer 38

Improvements

Question 39

Sticks in the bundle of rights

Answer 39

Air, water, mineral, profit, mortgage, fixtures, crops, possession and enjoyment, exclusion, and disposition