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22 terms

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.