Real Estate - Ch 5 - Rights

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What guarantees the right of private ownership of
real estate in the United States?

The Constitution

Which of the following is the best definition of real
estate?

Land and everything permanently attached to it

Which of the following is included in the legal
concept of land?

The surface of the earth and all natural things permanently attached to the earth.

What are the three unique physical characteristics of
land?

Immobile, indestructible, heterogeneous

The primary distinction between the legal concepts of land and real estate is that:

land does not include man-made structures.

The primary distinction between the legal concepts of real estate and real property is that

real property includes ownership of a bundle of rights.

Which of the following is included in the bundle of
rights inherent in ownership?

To transfer

Which of the following is an example of intangible
property?

Stock

The right to use real property is limited by

the right of others to use and enjoy their property.

Surface rights, air rights and subsurface rights are

separable

Which of the following terms refers to the rights of a
property that abuts a stream or river?

Riparian

What part of a non-navigable waterway does the
owner of an abutting property own?

middle of the waterway

What is the "Doctrine of Prior Appropriation?"

A doctrine that gives the state control of water use
and the water supply

Which of the following is considered real property?

A tree growing on a parcel of land

The overriding test of whether an item is a fixture or
personal property is

its definition as one or the other in a sale or lease
contract.

What is an emblement?

A plant or crop that is considered personal property

An item can be converted from real to personal
property and vice versa by means of which
processes?

Affixing and severance

The major sources of real estate law are legislation at federal, state and local level, and

court decisions.

What is the primary thrust of federal involvement in
real estate law?

Broad regulation of usage

Which level of government controls zoning laws?

County and local

A grocer temporarily installs special fruit and vegetable coolers in a leased grocery store in order to prevent spoilage. The coolers would be considered which of the following?

Trade fixtures that are personal property

Under the doctrine of littoral rights, an owner claims
ownership of all of the land underlying a lake where
there are three other abutting property owners.
Which of the following is true?

The owner's claim is invalid, because the state owns the underlying land.

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