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Two other terms for real estate |
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Shows who HAD the title and who HAS it now |
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"Invisible" - owner possesses |
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Three ways to transfer title |
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Sale, will, adverse possession |
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Others that may have rights in real property |
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Govt, lenders (from borrowing $), public utilities (phone lines), and railroads |
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minerals, surface, and are space above. All are sellable |
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right, privilege or improvement permanently attached to the land - runs with land |
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houses, barns, fences, drive-ways |
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Mineral rights appurtenance |
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extract minerals below surface |
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when land abuts or touches flowing water or pond grants right to recreate in water diverge some water for personal use. |
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Easily movable, chattel, bill of sale |
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Personal property. Came from the word "cattle." Doesn't come with property. |
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Shows who owns the personal property |
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Relates to trees. Natural state of trees is real property. Chopped down trees are personal property. |
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Started as a personal property (cabinets, light fixtures, fancs) but ended in personal property when installed. |
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Tell difference between fixture and personal property (MIA) |
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The method of attachment (how it was attached), intention (what party agrees to do - leave or take) ie frigerator. Adaption: if something is specifically designed to fit on property (keys to door) |
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Personal property. Item attached to property by commercial tenant. (projector on ceiling, display cases) |
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Personal property. Anually grown crops. Seller can havest after sale of land and first year can be taken. |
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Govt has the right to tax real property to pay for govt services (schools fire dept) |
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May order the use of property for zoning (residential area may not have gas pumps) |
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Must get building permit to build anything. Must comply with guidelines of building. |
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The right of the government to take private poroperty for public good. Have the right to "fair payment" by fair market value. |
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The process used to take the property when the govt exercises right of eminent domain |
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the right of the govt to take private property upon: intestate and no heirs. |
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If known owner leaves property and doesnt pay taxes govt will sell property |
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Estate "Right to possess" |
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The degree, quanitity, natuer and extent of ownership interest in real property - possessory rights |
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Freehold (ownership) Estates |
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No definite ending date and it is for at least or life time. |
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Renting or leasing. Definite period of time - a limited duration. Lesee does not own it. |
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Biggest bundle of rights available in real estate. All possible rights. |
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Conditional/defeasable fee |
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Fee Simple, conditional fee |
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non inheritable - reversion/remainr, dower - curtest, homestead |
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