is associated with a piece of real property. Examples of

Chp 3 Flashcards Horizontal DivisionA horizontal division is a sale in which the right to own and use the surface property is divided from ownership of or rights to the subsurface minerals.appurtenanceAn appurtenance is a right, privilege, or improvement that is associated with a piece of real property. Examples of appurtenances are the rights to use air, water, and minerals in or on the land.Constructive annexationUnder the doctrine of constructive annexation, a completely moveable item may be regarded as so strongly connected with the property that it is considered a fixture, even though it is not actually attached to the realty.Riparian rightsRiparian rights are the water rights of a landowner whose property is adjacent to or crossed by a body of water.Real EstateReal estate refers to the physical land, structures, and other tangible items attached to the land, such as trees, crops, and rocks.Constructive SeveranceConstructive severance occurs when an interest in the land has been sold or transferred separately from the real property, but the interest in question still remains in, on, or attached to the land itself.Real PropertyReal property includes not only the physical manifestation of property, but also the benefits and rights inherent in ownership of real estate, such as the right to transfer, sell, or encumber the property; and to occupy or use the real estate in a variety of ways.Trade FixturesItems of personal property installed by a tenant for use in a trade or business, which usually may be removed at the end of the lease term.Method of attachment TestThe method of attachment test is a statutory test under which an item of moveable or personal property becomes part of the real estate once it is permanently attached to the land.FixturesFixtures are man-made attachments that were once personal property, but are now attached to the real estate in such a way that they are considered part of the real property and transfer automatically upon conveyance of the land.Rule of CaptureThe rule of capture states that there is no ownership of oil or gas beneath one's property until it is brought to the surface and reduced to possession.

Appropriative rightsAppropriative rights are the water rights of a person who holds a water permit from the state.profit a prendeProfit a prendre is the right to enter anothers land to remove the soil or a product of the soil, such as oil, gas, crops, or timber.A profit a prendre is a property interest, but it is not a form of ownership of real property.Bundle of Rights TheoryThe bundle of rights refers to the combined rights, tangible and intangible, that are associated with ownership of real property Doctrine of EmblementsThe doctrine of emblements refers to the right of a tenant farmer, under a lease of unspecified length, to reenter a property to harvest the first crop that matures after termination of his lease.