change the property. For example, a property owner can

Chapter 2: Property Ownership and Interests Pt 1 Flashcards

Frank owns a 12-story apartment building along the freeway. He agrees to allow an outdoor advertising agency to erect a billboard on the roof of his building. Frank is exercising his ownership rights to the air. T/F?T ControlThe right of control allows the owner to physically alter or change the property. For example, a property owner can build a garage, tear down a fence, put in a swimming pool, etc. Of course, there could be zoning issues related to this, which are covered in detail in a separate chapter.Harvested corn is an emblement.TrueFalse T, An emblement is also called fructus industriales, or fruit of industry. It is personal property.Ownership of land involves only the surface and the dirt below, NOT the air above it. T/F?F Emblements (fructus industriales)AKA fructus industrialesfruits of industry i.e. plants planted or cultivated annually or seasonally other methods through which Fixtures can become real property Becoming attached conceptually because of a close association with real property (such as the keys to a house)Becoming attached through the process of adoption; for example, curtains that were custom-made for an unusual window size or shape or even wall-to-wall carpetingBecoming part of the real property through agreement between the parties involved (such as a landlord and a tenant)Becoming part of the property because its removal would damage the propertyBecome part of the property because of the intention of the person affixing the personalty to the real estate Quiet EnjoymentThe right of quiet enjoyment gives the owner the freedom to possess and use the land without interference from other people or society. However, this also includes a responsibility to make sure that their neighbors' enjoyment is not hindered or adversely affected.Avulsiona sudden process where land is torn away by some natural force such as flowing water, mudslide, or an earthquake Trade fixturesany equipment or personal property items a tenant installs or attaches to leased real property for use in the tenant's business or trade. they remain personal property of the tenant bundle of rightsWhen you buy real property, you get the land, the attachments, plus a bundle of rights that are granted when you take ownership of the property that cannot be

separated from real property:PossessionQuiet

enjoymentDispositionExclusionControl Real property consists of all of the following EXCEPTa.rights associated with property.b. movable items not fixed to the land.c. man-made improvements.d. land and

attachments to land.

• movable items not fixed to the land.

alluvion or alluviumwater-borne sediment deposits on shoreline property by accretion

Jill buys a house from Jack. She assumed that the curtains would be included in the price, even though they were not listed in the agreement of sale. What is the best argument Jill could make to persuade a judge if this goes to court?a."Jack mentioned that they went with the house."b. "My agent assured me they were included."c. "The curtains were custom-made for the odd-shaped window."d. "The curtains were in the ad that appeared in the paper."

• "The curtains were custom-made for the odd-shaped

window." Oil and gas rightsgoverned by the rule of capture, which says whoever drills a well on their land owns all the oil or gas the well produces even though it may have migrated from under a neighbor's land.Which of the following is NOT considered an improvement?a. fences built by a homeownerb. land graded by a developerc. retaining walls constructed by a contractord. swimming pool cracks repaired by a homeowner

• swimming pool cracks repaired by a homeowner

DispositionThe right of disposition allows the owner to transfer all or some of the rights to other people. For example, landowners normally have the right to sell, lease, give away, divide, and retain part of the land or to dispose of it completely. An example of partial disposition would be someone who sells 10 acres of his 100-acre farm. Another example of partial disposition would be a landlord who rents an apartment, allowing someone else to possess part of the property, even if temporarily.A new chandelier is still in the box. What kind of property is that chandelier?a. impossible to knowb. real propertyc.personal property

• personal property

If you purchase a home next to an airport and you become annoyed when planes take off from the airport in early morning hours, do you think you may be able to recover damages from the airport for infringing on your air rights?Y/N?No Erosiongradual loss of soil due to the action of wind, water, or other forces Appropriative Rights / Doctrine of Prior AppropriationAppropriative rights are water rights granted by government permit independent of land ownership. This may be referred to as the doctrine of prior appropriation. It is not necessary to own property beside the body of water to apply for an appropriation permit. Government permits allow the holder to take water from a particular body of water for a specified use, such as crop irrigation.Which is an example of an appurtenance?a. the right to hunt on your own propertyb. the right to lease the space