Real Property & Ownership Flashcards
Five Economic characteristics of land (DUSTS)
Demand Utility Scarcity Transferability Situs
Joint Tenancy: P.I.T.T
Possession
Interest
Time
Title
Annexation
Changes personal property to real estate
Severance
Changes real estate to personal property
Fixture
Once personal property but has since been installed to real estate
Appurtenance
after something is installed onto a property, it can be called an appurtenance
Livery of Seisin
“I own it and I have the right to sell it.”
Three Physical characteristics of land
Immobility
Indestructibility
Heterogeneity
Personal Property
Personalty & Chattels; readily moveable from one location to another
Emblements or “fructus industriales”
Personal Property plants
Trees that do not require annual cultivation or “fructus naturales”
Real Property plants
Trade Fixture
only kind of fixture that can be removed from property
Water rights
Doctrine of Prior Appropriation requires that property owners obtain permits for use of water
Littoral rights
properties that border bodies of water that are not moving (lake)
Riparian rights
properties that border moving water (river)
Freehold estate
estates of indefinite duration that can exist for a lifetime or forever
Fee Simple
The most commonplace estate, owning land and anything on the land
Fee Defeasible
Ownership is dependent on certain conditions
Fee Tail
Property inherited by a monarch (illegal in the United States)
Life Tenant
Property that an individual owns only for their lifespan
Dower
common law that entitled a widow to a portion of her husband’s estate in absence of a will
Curtesy
common law that entitled a widow to a portion of his wife’s estate in absence of a will
Homestead
protects the value of a home from property taxes and creditors following the death of a homeowner
Severalty
a single party owns the fee or life estate