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Land
- Earth surface extending downward to the center (subsurface) and upward to Infinity (airspace)
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Real estate
- land plus all human made improvements to the land that are permanently attached (annexed) to it
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Real property
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- - Real Estate + Bundle of Legal Rights
- - interests benefits and rights that are automatically included in their ownership
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Bundle of Legal Rights (5)
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- - include rights
- 1) off possession
- 2) to control
- 3) of enjoyment
- 4) of exclusion
- 5) of disposition
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Title to real property has two meanings
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- 1) The right to or ownership of the property (not to a printed document)
- 2) Evidence of that ownership by a deed
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Earth surface extending downward to the center (subsurface) and upward to Infinity (airspace)
Land
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Land plus all human made improvements to the land that are permanently attached (annexed) to it
Real estate
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Real estate + bundle of legal rights
Real property
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Surface rights
- limited to the surface of the Earth
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Subsurface rights
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- - Rights to the Natural Resources below the Earth surface
- - Owner May transfer subsurface rights without transferring surface rights and vice versa
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Air rights
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- - space above the earth
- - may be sold or leased independently
- - solar right (light of solar rights)
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Water rights
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- - Common-Law (historical) or Statutory Rights held by owner of land adjacent to water and restrictions to the rights of land
- - law vary among the states link to climatic and topographic conditions
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Riparian rights
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- - Common-Law
- - Nonnavigable
- - to the center
- - right to owners of land along with course of river stream or similar flowing body of water
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Littoral rights
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- - Navigable
- - up to average high-water mark
- - riparian (прибрежный) rights of owner whose land borders commercially navigable lakes
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Accretion
- increases in the land resulting from the deposit of soil by waters action
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Erosion
- wearing way of the land by natural forces
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Evolution
- - sudden removal of soil by an act of nature
- - earthquake
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Doctrine of Prior appropriation
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- - water is scarce (недостаточный)
- - ownership and use controlled by the state - owners must demonstrate beneficial use - irrigation
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Rights limited to the surface of the Earth
Surface rights
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Rights to the Natural Resources below the Earth surface
- - Subsurface rights
- - Owner may transfer subsurface rights without transferring surface rights and vice versa
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space above the earth
- - Air rights
- - Solar right
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Common-Law (historical) or Statutory Rights held by owner of land adjacent to water and restrictions to the rights of land
Water rights
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Right to owners of land along with course of river stream or similar flowing body of water
- - Riparian rights
- - Common-Law
- - Nonnavigable
- - to the center
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Riparian rights of owner whose land borders commercially navigable lakes
- - Littoral rights
- - Navigable
- - up to average high-water mark
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Increases in the land resulting from the deposit of soil by waters action
Accretion
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Wearing way of the land by natural forces
Erosion
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Sudden removal of soil by an act of nature
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- water is scarce
- ownership and use controlled by the state
- owners must demonstrate beneficial use - irrigation
Doctrine of Prior appropriation
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Personal property
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- - or personalty
- - or chattels
- - movable
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Personalty
- - Personal property
- - or chattels
- - movable
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Chattels
- - Personal property
- - or personalty
- - movable
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Factory-built housing
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- - personal property
- - defined as dwelling that are not constructed at the site but are built off-site
- - trucked (convey by truck) to a building lot
- - includes:
- - modular
- - penalized
- - precut
- - mobile
- - National Manufactured Housing Construction and Safety Standards Act Of 1976
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Manufactured Housing
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- - built specifically to the standards of the Department of Housing and Urban Development (HUD)
- - can be considered personal property
- - if can be moved
- - can be considered real property
- - if it becomes permanently affixed to the land
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Fructus Naturales
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- - real property
- - do not require annual cultivation
- - trees, perennial shrubbery (shrubs are thickly planted), grasses
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Fructus Industriales
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- - personal property
- - annually cultivated crops
- - fruit, vegetable, grain
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Severance
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- - from real to personal
- - act of separating from land
- - real property becomes personal
- - trees - real property
- - cut trees - personal property
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Annexation
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- - from personal to real
- - changes personal property into real property
- - wood - personal property
- - fence from that wood - real property
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Dwelling that are not constructed at the site but are built off-site
- - Factory-built housing
- - personal property
- - trucked (convey by truck) to a building lot
- - includes
- - modular
- - penalized
- - precut
- - mobile
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House built specifically to the standards of the Department of Housing and Urban Development (HUD)
- - Manufactured Housing
- - can be considered personal property
- - if can be moved
- - can be considered real property
- - if it becomes permanently affixed to the land
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Plants that do not require annual cultivation
- - Fructus Naturales
- - real property
- - trees, perennial shrubbery (shrubs are thickly planted), grasses
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Plants that require annual cultivation
- - Fructus Industriales
- - personal property
- - fruit, vegetable, grain
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Act of separating from land
- - Severance
- - real property becomes personal
- - trees - real property
- - cut trees - personal property
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Act that changes personal property into real property
- - Annexation
- - wood - personal property
- - fence from that wood - real property
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HUD
Department of Housing and Urban Development (HUD)
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Fixture
- personal property has been so attached to land or a building that by law it becomes part of the real property
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Legal Tests of a fixture
- MARIA
- - Method of annexation
- - Adaptability
- - Relationship
- - Intention
- - Agreement
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Method of Annexation
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- - legal test of a fixture
- - how permanent?
- - can be removed without causing damage?
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Adaptability of the item for the land's originally use
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- - legal test of a fixture
- - is used as a real or personal property?
- - refrigerator - personal property
- - refrigerator adapted to match the kitchen cabinetry - fixture
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Relationship of the parties
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- - legal test of a fixture
- - Court will favor
- - tenant over landlord
- - buyer over seller
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Intention of the person in placing the item on the land
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- - legal test of a fixture
- - most important consideration
- - if an installation is intended to be temporary it should not be attached in a way that appears to be permanent
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Agreement of the parties
- - legal test of a fixture
- - have the parties agreed on whether it is real or personal
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