Real Property Flashcards
Surface Rights
The legal right to control, occupy, and use the surface area of a parcel of real estate (the land)
Air Rights
The legal right to control, occupy, and use airspace above a parcel of real estate
Subsurface Rights
The right to explore, drill, or dig below the surface for minerals and water
Improvements
Additions made to property that are intended to enhance it’s value
Fixtures
Articles that were once personal property but have been affixed to real estate so as to become real property
Severance
The act of removing something attached to land
Name the 4 test that help determine if something is a fixture
- Method of attachment
- Constructive Annexation (Adaptability)
- Agreement
- Relationship of the Parties
Fructus Naturales
Permanent plantings such as flowers, trees, and bushes that are classified as real property
Water Rights
Water in ponds, lakes, streams, oceans and seas, is classified as real property
Navigable Waters
A body of water that is used for commerce or transportation (Belongs to the Federal Government)
Littoral Land
Property that boarders on the shore of a lake, sea or ocean which is affected by tidal currents
Riparian Land
Land bordering a moving watercourse such as a stream or river
Prior Appropriation
Unlike Riparian Rights, it’s based on a first time, first in right theory. This doctrine separates water rights from land ownership, and establishes that water rights can be sold and mortgages like other property
Appurtenances
All of the rights, privileges, and improvements that belong to, and pass with, the transfer of property but are not necessarily a physical part of the actual property
Easements
Other interest, benefits, and ownership rights (refer to Title and Ownership section)
