Property Flashcards

(50 cards)

0
Q

Chattel

A

Personal property

Mobility is the distinguishing characterstic

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1
Q

Property

A

Consists of things + the rights of ownership. Divided into 2 categories: real and personal

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2
Q

Chattels personal

A

Cars, boats, furniture, clothes, stocks, money, tools

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3
Q

Chattels real

A

Items that extend to the owner an interest in real property such as leases, mortgages, contracts to purchase, and options

Personal property

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4
Q

Bill of sale

A

Transfers ownership of personal property

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5
Q

Deed

A

Transfers real property

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6
Q

Real estate

A

Consists of the land itself plus those things which are permanently attached to the land by man or nature

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7
Q

Real property

A

More encompassing; includes not only things permanently attached but also legal rights and interests that go along with ownership

Land + appurtenances (trees)

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8
Q

Appurtenances

A

Any right, interest, or improvement which automatically conveys with ownership of the property
“Run with the land”

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9
Q

Land

A

3 dimensional; subsurface rights, surface, air rights

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10
Q

Tenements

A

Things permanently attached to the land, physically or legally. Immovable by law. Can be either products of nature or man made

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11
Q

Fructus naturales

A

Plants that are grown natural, shade trees, shrubbery, perennial plants….real property…transfer with the land

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12
Q

Fructus industriales

A

“Emblements”
Planted and harvested crops
Personal property

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13
Q

Improvements

A

Artificial attachments…buildings, fences, driveways, pipelines, swimming pools, mobile homes

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14
Q

Percolating water

A

Underground water that is not confined to a specific waterway…sometimes unrestricted, sometimes shared.

Perc test to determine feasibility…how quickly water is absorbed into the ground

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15
Q

Water table

A

Level where percolating water is found.

Wells, irrigation, filling a lake

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16
Q

Riparian rights

A

Property borders a river/stream…owner has right to use water for swimming, boating, fishing. Can even divert water - but only if natural flow is not interrupted or altered

Ownership: not exclusive…other boarding owners rights have to be respected

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17
Q

Correlative rights

A

Allows the owner only a reasonable share of water during times of short supply

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18
Q

Prior appropriation

A

In states where water is scare….the right to use the water is secured by permit. Earlier permits establish priority of use. Such rights run with the land when ownership is transferred

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19
Q

Navigable waters

A

Rivers and oceans used for commercial shipping and identified on gov’t survey maps

Open to the public

Non-navigable: center of waterway
Navigable: high water mark or riverbank

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20
Q

Littoral rights

A

Concern properties which border large navigable lakes, oceans, seas…right to use beach or water…but not interfere with the publics right of use

21
Q

Mineral rights

A

Real property when on or below earths surface

Personal property once removed

22
Q

Right of lateral support

A

Mining operations…natural contour of a adjoining land must not be damaged by efforts to extract minerals from below the surface.

Also applies when making improvements to property and a landowner may be liable for damage caused to adjoining property

23
Q

Law of capture

A

Oil/gas

Law that allows a well drilled on one property to extract oil and gas from under adjoining properties

24
Air rights
Land owners rights extend into the space above the land to infinity Can be sold or leased separately from the land itself Building height restrictions
25
Air lot
Condo; block of airspace measured from inside wall to inside wall
26
Personal property
Property that is not real
27
Severance
Process by which an item of real property becomes personal property Tree grown on land is real property. Cut down and turned into lumber= personal
28
Fixture
Property that was once personal and now becomes real M- modification; bldg modified to accept an article, article is modified to fit the bldg A-attachment; items that have been screwed into a wall; physically attached, easier to identify as fixtures (Legal attachments too- garage remote, key) R- relationship of parties: what relationship the person placing the item in the property has to the property (Trade fixture-tenants personal property). (Accession- if tenant does not remove property it becomes landlords property) I-intentions of annexing party; what did the person who placed it there intend? A- agreement: contractual agreement on what is and what isn't
29
Characteristics of land
Immobility Non homogeneity Indestructibility
30
Economic characteristics of land
Location, preference (situs) Improvements (buildings, landscaping) Fixed investment (how long a bldg can last and it's economic life) Scarcity
31
Spot survey
Survey buyer receives at closing
32
Plat of survey
Surveyor prepared
33
Metes and bounds
Describes and identifies the parcel by describing its boundaries Most authoritative; most difficult Metes: distances and directions Bounds: landmarks/monuments Descriptions with bearings Point of beginning Closure
34
Bench mark
POB is identified in relation to some permanent point of reference- standard bench mark
35
Call
Description of property which directs you in direction and distance
36
Rectangular survey | Govt survey
System to provide land description by imaginary lines Not used in Georgia
37
Principal meridians
North and south longitude lines 36 total Form basis for east/west measurement
38
Base lines
East west latitude 32 total Serve as north-south measurement t
39
How are townships divided?
36 sections that are 1 mile to a side
40
Section
640 acres, 1 sq mile
41
Recorded plat
A plat or map showing the location and boundaries of individual parcels of land that is filed in the public records in the county where the property is located
42
Datum
A way to describe air rights/height
43
Topographic maps
3 dimensional Contour map Vertical land description
44
How many inches in a foot?
12
45
How many feet to a yard?
3
46
Square footage formula Flat surface Formula
Length x width
47
What is frontage?
Measurement along the road/street
48
Formula for three dimensional figure- cubic footage-- warehouse
Length x width x depth
49
How many square feet in an acre?
43,560