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Arkansas Real Estate Chapter 2
Primer for Exam Chapter 2
46
Real Estate & Planning
Undergraduate 1
07/12/2014

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Term
Riparian Rights
Definition
(River Rights) common-law rights of land owners next to a river, stream, or similar body of water.  Typically includes the unrestricted right to use the water.
Term
Surface Rights
Definition
Right to use the surface of the earth.
Term
Subsurface Rights
Definition
Same as Mineral Rights
Term
Mineral Rights
Definition
Natural resources lying below the earth's surface
Term
Land
Definition
Earth's surface extendig below the surface to the center of the earth and above the earth's surface to infinity, including permanent natural objects; i.e., trees, rocks, water.
Term
Real Estate
Definition
Land at, above, and below the earth's surface.  Includes natural and artifical things permanently attached to the land; i.e., buildings, etc.
Term
Real Property
Definition
Includes both land and real estate.  Defined as the interests, benefits, and rights that are automatically included in the ownership of land and real estate.
Term
Bundle of legal rights
Definition

Right of Disposition (sell, will, trnasfer, dispose or encumber)

Right of Enjoyment (use of property in any legal manner)

Right of Exclusion (keeping others from entering or using the property)

Right of Possession (ownership)

Right of Control (controlling the property within the framework of the law)

Term
DEEP C
Definition

Bundle of Rights :

 

Disposition

Enjoyment

Exclusion

Possession

Control

Term
Littoral Rights
Definition

Rights of owners whose land borders commercially navigable lakes, seas, and oceans.

 

Enjoy unrestricted use of land to the "highest average high water mark"

 

From low to high water mark is owned by the state

 

Riparian Proprietors usually have common-law rights to access the navigable water in front of their land and may build a landing, warf, dock, or pier.

Term
Raparian Properietors
Definition
Owners of land joining a navigable waterway.
Term
Nonnavigable Stream Ownership Rights
Definition
Own the land below the river to the center of the stream
Term
Riparian
Definition
Rivers and Streams
Term
Littoral
Definition
Navigable lakes, seas, and oceans
Term
Accretion
Definition
Gradual addition of land by the forces of nature
Term
Erosion
Definition
Gradual loss of land by the natural forces of nature such as water, wind, and ice.
Term
Alluvion
Definition
New deposits of land (soil) as a result of the process of accretion
Term
Avulsion
Definition
Sudden removal of land by forces of nature, such as changes in the flow of a river.  Sometimes creates oxbow lakes or removal of beaches
Term
Appurtenant
Definition
Riparian and littoral rights are appurtenant (attached) to the land and cannot be retained
Term
Doctrine of Prior Appropriation
Definition
The right to use water is controlled by the state rather than the landowner bordering the water.
Term
Reliction
Definition
The deposition of land caused by receding waters; i.e., mud left behind when an area is flodded
Term
Scour
Definition
Erosion side of the river (outside curve)
Term
Oxbow Lake
Definition
Previous part of river that has been cut off due to Erosion and Avulsion.
Term
Personal Property / (Chattels)
Definition

Property not fitting in the definition of real property.  Personal Property is Movable.

 

Includes chairs, tables, clothing, money, bonds, bank accounts and trade fixtures

Term
Making a Mfg Home Real Property (Not Chattel)
Definition
Must (1.) be permanently affixed to the land and (2.) the title surrendered to Department of Finance and Administration
Term
Chattel
Definition
Personal Property
Term
Annexation
Definition
Process of converting personal property; i.e., concrete, lumber, etc to real property; i.e., a home
Term
Fructus Naturales
Definition
Trees, perennial shrubbery, etc that do not require annual cultivation are connsidered real estate
Term
Fructus Industriales
Definition
Annual crops that are the results of the "fruit of ones labor."
Term
Emblements
Definition

Same as Fructus Industriales

 

 

 

products or profits of land that has been sown or planted

Term
Severance
Definition
Act of changing real property to personal property; i.e., cutting down a tree.
Term
Deed
Definition
Method of conveying Real Property
Term
Bill of Sale
Definition
Method of conveying Personal Property
Term
Fixture
Definition
Personal property permanently attched to land or a building by law
Term
Legal Test of Fixtures
Definition

Intent

 

Method of Annexation (how permanently is it affixed and would removal damage the property)

 

Adaptation of real estate (a refrigerator adapted match cabinetry

 

Agreement (agreement between parties)

Term
Trade / Chattel Fixtures
Definition
Fixtures related to a business which may be removed as personal property but damage must be repaired.
Term
4 Economic Characteristics of Real Property
Definition

(1.) Location or "Situs" (The single most important economic characteristic of land.)

 

(2.) Improvements (can include neighboring property)

 

(3.) Permanence of investment

 

(4.) Scarcity 

Term

3 Physical Characteristics of Land

 

 

Definition

(1.) Immobility

 

(2.) Indestructibility

 

(3.) Uniqueness (heterogeneity or non-homogeneity)

Term
Two Broad Characteristics of Land
Definition

Economic

 

Physical

Term
LIPS
Definition

     L ocation

     I mprovements

     P ermanence of Investment

     S carcity

Term
Specific Performance
Definition
Requirement that one must honor their agreement to purchase or sell per the "specifics" of the agreement
Term
Agency
Definition
The relationshiop between a real estate licensee and the person they represent.
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