N1 Real Property Characteristics,Legal Descriptions And Property Use (9) Flashcards

(72 cards)

1
Q

____________ consist of land, improvements attached to the land, benefits, right, and ownership interest that go with the land.

A

Real Property

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2
Q

The term _______ is often used to describe the rights, privileges or improvements that belong to and pass with the land.

A

Appurtunence

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3
Q

__________ are man’s additions to the land such as buildings and landscaping.

A

Improvements

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4
Q

_________ is a right or interest in something of a temporary or movable nature and includes anything that’s classed as real property and is often called chattel or personality.

A

Personal property

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5
Q

Ownership is transferred by a __________.

A

Bill of Sale

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6
Q

Tests of a _________ include method of attachment, adaptation to the property (custom built as opposed to stock items), and the intention of the parties attaching the fixture

A

Fixture

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7
Q

The process of attaching may also be called _________.

A

Annexation

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8
Q

The process of real property becoming personal will be described by the term ______ or ______.

A

Severed or severance

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9
Q

_______________ are fixtures installed by a tenant in order to carry out a business, and they may be removed from leased property prior to the termination of the lease. If not, they become real property and pass to the landlord.

A

Trade fixtures

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10
Q

___________ are fixtures installed by a tenant in order to carry out a business, and they may be removed from leased property prior to the termination of the lease.

A

Trade Fixtures

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11
Q

________ are crops cultivated annually and are considered personal property of the farmer who cultivated them.

A

Emblements

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12
Q

The three physical characteristics of land are:

Hint: NII

A

Nonhomogenuity
Immobility
Indestructibility

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13
Q

The physical characteristic of land that states that a no two pieces of land are exactly alike where each piece of land is unique is called _________.

A

Nonhomogenuity

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14
Q

The physical characteristic of land that states that land cannot be moved - a person must go to the land is called _________.

A

Immobility

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15
Q

The physical characteristic of land that states it will always be there and speaks to its durability is called ______.

A

Indestructibility

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16
Q

The four economic characteristics of land are:

Hint: SMFS

A

Scarcity
Modification
Fixity
Situs

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17
Q

The economic characteristic stating that land is in short supply where demand is great is called ______________

A

Scarcity

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18
Q

The economic characteristic of land stating that land use and value are greatly influenced by improvements made by man to land and to surrounding parcels of land is called ________.

A

Modification

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19
Q

The economic characteristic of land describing land and buildings and other improvements to the land being considered fixed or permanent investments and not liquid assets is called ________

A

Fixity

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20
Q

The economic characteristic of land describing location preference, or location from an economic rather than geographic standpoint which may change over time as people change is called _______.

A

Situs

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21
Q

The three types of legal and descriptions are:

A

Metes and bounds
Lot,block and subdivision
The Rectangular Survey System

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22
Q

The legal description uses terminal points and angles and always has a point of beginning and uses compass directions degrees in minutes is called __________.

A

Metes and bounds

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23
Q

This legal description that uses residential listing agreements derived from recorded map called a plat is called ________.

A

Lot, block and subdivision

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24
Q

This legal description also known as a government survey system taking into consideration baselines, and meridians, townships and sections is called _________.

A

The Rectangular Survey System

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25
One Township contains ___ sections
36
26
One section contains ____ acres
640
27
1 acre contains ________ square feet
43,560
28
The power given to a municipality to regulate and control the character and use of property for the health, safety and general welfare of the public is _________
Police Power
29
__________ is the most common example of police power
Zoning
30
A change in zoning may result in _________ which was permissible under former rules but new rules prohibit it
Nonconforming use
31
If your property violates zoning, you may request a ______ .
Variance
32
A _________ is an area of land separating one land use from another, such as residential from commercial. It is located between incompatible uses.
Buffer zone
33
_________ provides the government with the right to establish building codes.
Police power
34
__________ is the right of the government to take private property for public use through the action of condemnation. This is the only time the government must compensate property owners.
Eminent Domain
35
When an individual forces the government to buy his or her property, this is called _______.
Inverse condemnation
36
________ are the highest priority lien on real property
Property taxes
37
Property taxes are _____ or according to value.
Ad valorem
38
The term when property reverts to the state when someone dies leaving no will and no heirs or kindred is called ___________.
Escheat
39
The purpose of ______ is to ensure that no land remains unowned
Escheat
40
The most common private controls of land use are _________?
CC&R’s - deed covenants, conditions and restrictions
41
________ are imposed to control land-use, development in methods and materials for construction.
Deed restrictions
42
The court will issue an ________ to enforce restrictions
Injunction
43
In the case where deed restrictions and zoning both exist which ever is ________ must be obeyed
Most restrictive or limiting
44
An ______ is a limit on a property, or a limit on a property owners rights that may or may not also be a cloud on the title.
Encumbrance
45
A __________ is imposed by the grantor WITHOLDING title to a PART of the land described in the deed. An example would be mineral rights.
Reservation
46
When a structure or improvement overlaps or trespasses onto another’s property, it is called an _____________.
Encroachment
47
An _______ allows limited use or enjoyment of another’s land. It is a right in land and should be created in writing and recorded.
Easement
48
Easements can be created by ________ and ________ and grant agreement, reservation, limitation or prescription, necessity or condemnation.
Express (written or verbal) Implied (by actions or evidence)
49
The government will take an easement by _________ for itself, the utilities or the railroads.
Condemnation
50
If you have two parcels of land with a road across one parcel, the owner who crosses over the other’s land is __________.
Dominant
51
An _________ belongs to a person or corporation. An example would be a utility easement.
Easement in gross
52
A ________ is a permission to do a particular act upon the land or property of another.
License
53
__________ occurs when the PROPERTY is ACQUIRED from the RIGHTFUL owner through the STATUTE of limitations.
Adverse possession (squatters rights)
54
_________ is a record of notice filed against a specific property, meaning that some form of lawsuit has been filed, but not yet resolved in court.
Lis pendens
55
Another name for personal property is _________ or __________
Chattel or personalty
56
When personal property is included in a sale, an ___________ may be attached to the contract to describe the details of the transaction
Addendum
57
A __________ is created and determined by a surveyor
Legal description
58
A ________ can be GRRANTED by a zoning committee or a deed restrictions (HOA)
Conditional use or special use
59
A ________ allows for a higher population density with houses clustered together, leaving more green area open for parks and recreation
PUD (Planned Unit Development) zone
60
The space between wetlands and construction is another example of ___________
Buffer zone
61
_______ taxes create an automatic lien on property
Unpaid
62
At foreclosure, unpaid taxes are always paid ______.
First
63
Property reverts to the ______ when someone dies leaving no will and no heirs or kindred.
State
64
_________, _________, and _________ are all examples of encumbrances
Reservations, encroachments, and easements
65
An easement is use with/without permission
Without
66
________________ which may or may not be installed, are also considered real property, such as stoves, pool equipment, etc.
Accessories
67
A legal description is created and determined by a _____________
Surveyor
68
_____________ acres is equal to 1 square mile
640
69
A non-conforming use is allowed to continue as it is considered _______________
Grandfathered
70
A ____________ is the space between the lot line and the building line.
Setback
71
A __________ or special use can be granted by a zoning committee or deed restrictions (HOA), benefiting the neighborhood , like a school within a residential subdivision
Conditional
72
When an encroachment exist on a listed property, what are the roles of the agents involved?
The listing agent discloses the encroachment, and the buyers agent recommends a survey