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(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. |
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Right to use the surface of the earth. |
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Natural resources lying below the earth's surface |
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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. |
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Land at, above, and below the earth's surface. Includes natural and artifical things permanently attached to the land; i.e., buildings, etc. |
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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. |
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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) |
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Bundle of Rights :
Disposition
Enjoyment
Exclusion
Possession
Control |
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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. |
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Owners of land joining a navigable waterway. |
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Nonnavigable Stream Ownership Rights |
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Own the land below the river to the center of the stream |
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Navigable lakes, seas, and oceans |
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Gradual addition of land by the forces of nature |
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Gradual loss of land by the natural forces of nature such as water, wind, and ice. |
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New deposits of land (soil) as a result of the process of accretion |
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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 |
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Riparian and littoral rights are appurtenant (attached) to the land and cannot be retained |
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Doctrine of Prior Appropriation |
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The right to use water is controlled by the state rather than the landowner bordering the water. |
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The deposition of land caused by receding waters; i.e., mud left behind when an area is flodded |
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Erosion side of the river (outside curve) |
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Previous part of river that has been cut off due to Erosion and Avulsion. |
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Personal Property / (Chattels) |
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Property not fitting in the definition of real property. Personal Property is Movable.
Includes chairs, tables, clothing, money, bonds, bank accounts and trade fixtures |
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Making a Mfg Home Real Property (Not Chattel) |
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Must (1.) be permanently affixed to the land and (2.) the title surrendered to Department of Finance and Administration |
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Process of converting personal property; i.e., concrete, lumber, etc to real property; i.e., a home |
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Trees, perennial shrubbery, etc that do not require annual cultivation are connsidered real estate |
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Annual crops that are the results of the "fruit of ones labor." |
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Same as Fructus Industriales
products or profits of land that has been sown or planted |
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Act of changing real property to personal property; i.e., cutting down a tree. |
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Method of conveying Real Property |
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Method of conveying Personal Property |
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Personal property permanently attched to land or a building by law |
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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) |
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Fixtures related to a business which may be removed as personal property but damage must be repaired. |
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4 Economic Characteristics of Real Property |
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(1.) Location or "Situs" (The single most important economic characteristic of land.)
(2.) Improvements (can include neighboring property)
(3.) Permanence of investment
(4.) Scarcity |
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3 Physical Characteristics of Land
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(1.) Immobility
(2.) Indestructibility
(3.) Uniqueness (heterogeneity or non-homogeneity) |
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Two Broad Characteristics of Land |
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L ocation
I mprovements
P ermanence of Investment
S carcity |
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Requirement that one must honor their agreement to purchase or sell per the "specifics" of the agreement |
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The relationshiop between a real estate licensee and the person they represent. |
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