Flashcards in National Test Deck (163)
Bundle of Rights
description of all the rights held by a property owner of real property. However
no owner ever enjoys the full bundle of rights. There are always restrictions placed on these rights by
governments that have jurisdiction over the property
That no one has a superior claim on the property
(Make it private) – The right to privacy, to stop others from entering your property without your
Allodial System of Title
used in the United States to descript real property ownership. The owner has
complete and absolute control of the real estate. The government has no claim to any ownership rights of
privately owned real estate and the owner has no obligations to the government
Ownership of land can be laterally severed into subsurface rights, surface
rights, and air rights
Land is immobile (geographic location is fixed—can never change), indestructible, and
unique or nonhomog
Scarcity (although there is a substantial amount of unused land, supply in a given location
can be limited) – such as a downtown area; Improvements (placement of an improvement affects
value and use) – a property with a view may be worth more than a property with no view;
Permanence of Investment (improvements represent a large fixed investment) – a property with a
large custom ho
This is also referred to as area preference, people’s choice and preferences for a given area.
Location, location, as areas change, people’s desire to be in a given location can change. This is the
most important economic characteristic of land.
Referred to as personal property. It’s basically movable. Example: Furniture
Bill of Sale:
Used to transfer personal property
Personal property, which has been converted to real property by method of attachment,
character and adaptation, or contractual intent of the parties. Examples: Blinds, ceiling fans, and
To land is anything used with the land for the benefit of its owners. Examples:
roadways, easements and condominium parking areas
Cultivated crops are call emblements. They are considered part of the land until time that
they are harvested and then they become personal property
Articles installed by a tenant and removable by the tenant before the lease term expires.
If not removed, they become the real property of th
Any claim, lien, charge, or liability attached to and binding on real property, is an
encumbrance. Encumbrances limit or affect the use and/or title but do not prevent alienation (transfer of
ownership). There are two general classifications of encumbrances: (1) liens that affect the title,
such as judgments, mortgages, mechanics' liens, and other liens which are charges on property used to
secure a debt or obligation; and (2) encumbrances that affect the physical condition of the property
such as restrictions, encroachments, and easements.
Non-possessory interest in land. An easement is classified as an interest in real estate but
is NOT an estate in land. The party that owns the property still has full ownership; the party that
uses the easement only has the right to pass over or use the other party’s land. Easements are
classified as either appurtenant or in gross.
an easement that is annexed to the ownership of another’s parcel of land
and runs with the land. When land is transferred from one owner to another, the new owner takes
ownership subject to the easement. There must be two adjacent tracts of land owned by different parties.
The tract that benefits from the easement is the dominant estate (tenement). The tract on which the
easement exists and is burdened by it is the serviant estate or tenement. The party that benefits from
the use of the easement (dominant estate) must maintain the easement.
easement by necessity
created when an owner sells a property that has no access to a street or
public right-of-way except over the seller’s remaining parcel of land. All owners have right to ingress to
and egress from their land and cannot be landlocked. It would be necessary for the seller to provide an
easement whereby the buyer can ingress and egress from the land.
easement by prescription
(also called a prescriptive easement) is when someone has used another’s land for a certain time. The use must be open (not secretive), visible, notorious, and
without the owner’s approval but where the owner readily could learn of it.
is a personal privilege to enter land and can be given orally or informally. Usually a license is
given rather than a personal easement in gross. A license is permission and can be given and can be
canceled by the property owner. Example: Permission to park in a neighbor’s driveway.
easement in gross
personal in nature and does not pass with the land. Common examples are
power line easements, billboard site easements, and the like. Commercial easements in gross may be
assigned or conveyed and may be inherited. However, personal easements in gross usually are not
assignable and terminate on the death of the easement owner.
How may an easement be created?
By express grant (written document) or in a deed, necessity, express reservation, implied grant, implied reservation (implied is created when actions and conduct demonstrate intent), prescription, condemnation, by the sale of land with reference to a plat, or by
estoppel (the owner of the servient tenement orally promises passage then subsequently changes his
mind and refuses access, thereby damaging the owner of the dominant tenement).
How may easements be terminated?
They may be terminated when the purpose for which they were created ceases, by merger, by release (dominant tenement releases servient tenement), or by
abandonment (discontinued use coupled with the intent to never use again).
Limits the use of the property such as deed restrictions or restrictive covenants.
Deed restrictions and restrictive covenants have basically the same meaning
A fixture or structure which invades a portion of a property belonging to another. To
determine an encroachment, a survey should be done.
Open Beach Law
The public is to have perpetual right (granted through prescription, dedication or
presumption) to use public beaches. Even though fee simple title to a lot belongs to an individual
Permits owner of land adjacent to a non-navigable stream, ownership of the land
under the stream or river to the exact center of the waterway. You also have the unrestricted right to the
water for limited domestic purposes. Owners of land adjacent to navigable streams or rivers own only up
to the mean vegetation line and the remainder belongs to the public.
Permits the owner of land on lakes and bays ownership to the mean vegetation line.
You have the unrestricted right to enjoy the available water for domestic purposes but own the land
adjacent to the water only up to the mean vegetation line. All land below this point is owned by the
government or other public authority.
Appropriation Water Rights
Water use is decided by the State rather than the adjacent owner. The
owner of land adjacent to a water source enjoys use of the water for limited domestic purposes. If
he/she wishes to use the water for another purpose such as irrigating their rice field, they must apply for
and get the appropriate permit from the State. Priority of water rights is established by the date the
permit was recorded. If the property was patented (granted) into private ownership after December 19,
1914, this rule applies.