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Real Estate Fundamentals
Section 1 - Legal Descriptions
28
Other
Professional
06/15/2013

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Cards

Term
Real Estate
Definition
land and improvements in physical sense, as well as the rights to own or use them
Term
Land
Definition

extends downward from the earth's surface to the center of the earth and upward from the surface into infinity

 

includes fructus naturales

Term
Fructos Naturales
Definition
fruits of nature - trees, perennial plants, and natural vegetation
Term
Improvements
Definition

anything which has been artificially attached to the land

 

ex. Buildings, pipelines, pvements, sewer, driveways, fences

Term
Fixtures
Definition

items of personal propert that have been permanently attached to the land

 

Can the object be removed from the property without damaging the property?

Term
Leasehold Improvements
Definition
fixtures that have been installed by a landlord
Term
Trade Fixtures
Definition
Improvements made by tenant, tenant has right to take away when lease is terminated
Term
Real Property
Definition
includes real estate PLUS bundle of rights
Term
Bundle of Rights
Definition

Possession

Quiet enjoyment

Disposition- can sell all or part of it, or abandon property

Exclusion

Control

Term
Bundle of Rights (Areas)
Definition
Right to use ....Surface, Subsurface, Air
Term
Surface Water Rights Include
Definition

Riparian Rights

Littoral Rights

Term
Riparian rights
Definition

the right of landowner whose land borders a RIVER or stream to use and enjoy the water

 

flowing

Term
Littoral rights
Definition

allow landowner to use and enjoy the water touching their land provided they do not alter the water's position by artificial means. (lake)

 

Non-flowing

Term
Doctrine of Capture
Definition
a legal philosophy that states the first to use water has a priorright to its use
Term
Percolating Water
Definition
where water is not confined to a defined underground waterway
Term
Personal Property
Definition

something temporary or movable

 

Includes furniture and appliances, clothing, cars, jewelry

Term
How is personal property conveyed?
Definition
conveyed by bill of sale or bequest/legacy
Term
Emblements
Definition

considered personal property

fructus industriales

 

ex. If you plant a crop before sale, you can go back and harvest the crop after the sale of the property

Term
Trade Fixtures
Definition

chattel fixtures

fixtures added by tenant

Term
Legal Description
Definition
identify the land so that it cannot be confused with another tract
Term
Six commonly used methods to describe the location of land
Definition

1. Metes and bounds

2. Rectangular survey system

3. Recorded plat

4. Reference to doucments other than maps

5. Informal reference

6. Assessors Parcel

Term
Metes and Bounds
Definition

Distances and Directions

 

Distance - expressed in feet, perches,rods

 

Direction - expressed in degrees, minutes and seconds

 

Primary first, then secondary

Term
Where can the legal description be found?
Definition
On the sellers Deed, Mortgage, and Title Insurance Policy
Term
Monuments
Definition
objects or markers placed by surveyors
Term
Topographic maps
Definition
map that shows elevation of the lan
Term
Contour Lines
Definition

show points of equal elevation at set intervals of elevation

 

a) if the lines are close together, the slope is steep

b) if the lines are far apart, the slope is gradual

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