Unit two: real property and the law Flashcards
(27 cards)
Land
The Earth surface, extending downward to infinity, including trees and water
Real estate
Land plus permanent human made additions, i.e. buildings,fences, roads
Real property
Real estate plus all legal interest, rights privileges easements
Surface rights
Rights to use the surface of the land
Subsurface rights
Rights to the natural resources below the land, i.e. oil or minerals
Air rights
Rights to the airspace above the property
Water rates
Governed by state law, i.e. riparian and littoral
Metes and bounds
Oldest form of property description, uses physical, landmarks, and measurements
Rectangular governmental survey system
Divides lands the grid of townships and sections
Township
- Sections of one square mile each towns
Section
One square mile in the Township 36th of these
Lot and block system
Common in urban subdivisions uses recorded plat map
Severalty
Ownership by one person or entity
Coownership
Ownership by 2+ individuals, i.e. tenancy in common or joint tenancy or tenancy by the entirety
Doctrine of prior appropriation
Water rates determined by state permit, commonly using western states
Encumbrances
Claims and liabilities attached to real property i.e. liens/easements
Leasehold estate
Attendance rights to occupy real estate during lease term
Fee simple absolute
Highest form of property ownership, unlimited, duration
Life estate
Ownership of land during a person’s life
Easement appurtenant
Benefits of neighboring property and runs with the land
Easement in gross
Benefit benefits, person/company not as specific property usually commercial
Lien
Legal right or claim against a property by creditor