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land and improvements in physical sense, as well as the rights to own or use them |
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extends downward from the earth's surface to the center of the earth and upward from the surface into infinity
includes fructus naturales |
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fruits of nature - trees, perennial plants, and natural vegetation |
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anything which has been artificially attached to the land
ex. Buildings, pipelines, pvements, sewer, driveways, fences |
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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? |
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fixtures that have been installed by a landlord |
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Improvements made by tenant, tenant has right to take away when lease is terminated |
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includes real estate PLUS bundle of rights |
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Possession
Quiet enjoyment
Disposition- can sell all or part of it, or abandon property
Exclusion
Control |
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Right to use ....Surface, Subsurface, Air |
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Surface Water Rights Include |
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Riparian Rights
Littoral Rights |
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the right of landowner whose land borders a RIVER or stream to use and enjoy the water
flowing |
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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 |
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a legal philosophy that states the first to use water has a priorright to its use |
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where water is not confined to a defined underground waterway |
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something temporary or movable
Includes furniture and appliances, clothing, cars, jewelry |
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How is personal property conveyed? |
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Definition
conveyed by bill of sale or bequest/legacy |
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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 |
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chattel fixtures
fixtures added by tenant |
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identify the land so that it cannot be confused with another tract |
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Six commonly used methods to describe the location of land |
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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 |
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Definition
Distances and Directions
Distance - expressed in feet, perches,rods
Direction - expressed in degrees, minutes and seconds
Primary first, then secondary |
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Where can the legal description be found? |
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Definition
On the sellers Deed, Mortgage, and Title Insurance Policy |
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objects or markers placed by surveyors |
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Definition
map that shows elevation of the lan |
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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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