Podcast
Questions and Answers
Which of the following is considered real property?
Which of the following is considered real property?
- Rose bushes planted in yard (correct)
- Chandelier in front hall
- Stove and refrigerator (free standing)
- Mahogany chest in dining room
Personal property is considered to be that which is immovable.
Personal property is considered to be that which is immovable.
False (B)
What is the primary distinction that determines whether items are considered real property or personal property?
What is the primary distinction that determines whether items are considered real property or personal property?
The distinction between real property and personal property.
_____ includes the land and the rights associated with it.
_____ includes the land and the rights associated with it.
Match the following items with their classification (real property or personal property):
Match the following items with their classification (real property or personal property):
Under what condition would personal property be included in the sale of a house?
Under what condition would personal property be included in the sale of a house?
All rights in a landowner's bundle of rights are absolute and cannot be restricted.
All rights in a landowner's bundle of rights are absolute and cannot be restricted.
What is included in real property during a sale?
What is included in real property during a sale?
Which of the following is an implicit inclusion in a transfer of real property?
Which of the following is an implicit inclusion in a transfer of real property?
A legal description of property is not necessary when purchasing land.
A legal description of property is not necessary when purchasing land.
Which of the following best defines real property?
Which of the following best defines real property?
What does property refer to in its broadest sense?
What does property refer to in its broadest sense?
A township contains _____ square miles.
A township contains _____ square miles.
Personal property refers to items that are immovable.
Personal property refers to items that are immovable.
What are appurtenances in relation to real property?
What are appurtenances in relation to real property?
Why is it important to have a legal description in a property purchase contract?
Why is it important to have a legal description in a property purchase contract?
A __________ right allows a landowner to use the airspace above their property.
A __________ right allows a landowner to use the airspace above their property.
Match the following terms with their definitions:
Match the following terms with their definitions:
What are the two systems for allocating water rights?
What are the two systems for allocating water rights?
A permanent structure can be removed by the tenant upon their departure.
A permanent structure can be removed by the tenant upon their departure.
What is meant by 'riparian rights'?
What is meant by 'riparian rights'?
Appurtenances can be sold separately from the land.
Appurtenances can be sold separately from the land.
Real property includes the __________ to possess and sell the property.
Real property includes the __________ to possess and sell the property.
Match the following types of appurtenances with their definitions:
Match the following types of appurtenances with their definitions:
What takes precedence in the event of discrepancies in property descriptions?
What takes precedence in the event of discrepancies in property descriptions?
Government lots are always square sections of land.
Government lots are always square sections of land.
How many sections are in a township?
How many sections are in a township?
A recorded map method describes property by mapping the boundaries of lots and blocks on a __________.
A recorded map method describes property by mapping the boundaries of lots and blocks on a __________.
What is the primary function of range lines in government survey descriptions?
What is the primary function of range lines in government survey descriptions?
Each township in a government survey contains 36 sections that are one square mile each.
Each township in a government survey contains 36 sections that are one square mile each.
Match the method of land description with its characteristics:
Match the method of land description with its characteristics:
In which method is land primarily described by township tiers and range lines?
In which method is land primarily described by township tiers and range lines?
How many acres are there in one section?
How many acres are there in one section?
A street address is always considered an adequate legal description.
A street address is always considered an adequate legal description.
A township in a government survey is __________ square miles.
A township in a government survey is __________ square miles.
Match the following terms with their correct definitions:
Match the following terms with their correct definitions:
What is the purpose of a datum in legal descriptions?
What is the purpose of a datum in legal descriptions?
How wide is each range in a government survey?
How wide is each range in a government survey?
A section in a government survey can be represented as a fraction.
A section in a government survey can be represented as a fraction.
What are the grid lines in a government survey that run parallel to the principal meridian called?
What are the grid lines in a government survey that run parallel to the principal meridian called?
Which of the following methods includes the name of the principal meridian?
Which of the following methods includes the name of the principal meridian?
A recorded map method must include the section, township, and range.
A recorded map method must include the section, township, and range.
What is the standard method for describing property in towns and cities?
What is the standard method for describing property in towns and cities?
A ______ shows lots and blocks in a subdivision.
A ______ shows lots and blocks in a subdivision.
Match the following land description methods with their characteristics:
Match the following land description methods with their characteristics:
What typically happens when land is subdivided?
What typically happens when land is subdivided?
Street addresses and tax numbers are usually adequate for property identification.
Street addresses and tax numbers are usually adequate for property identification.
What is typically included in a documented plat map?
What is typically included in a documented plat map?
Flashcards
Metes and Bounds
Metes and Bounds
A legal description that starts at the beginning point, outlines all sides of the property using courses and distances and returns to the starting point.
Monuments take precedence
Monuments take precedence
Monuments take precedence over courses and distances in a property description. For example, a monument such as a tree or stream is considered more accurate than measurements alone.
Government Survey Method
Government Survey Method
A legal description based on a grid system created by the federal government, primarily used in Western states.
Principal Meridian
Principal Meridian
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Base Line
Base Line
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Township Lines
Township Lines
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Range Lines
Range Lines
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Township
Township
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Real Property
Real Property
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Personal Property
Personal Property
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Bundle of Rights
Bundle of Rights
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Limitations on Property Rights
Limitations on Property Rights
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Fixture
Fixture
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Conveyance
Conveyance
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Items Included in Real Property
Items Included in Real Property
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Items Excluded from Real Property
Items Excluded from Real Property
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Trade Fixtures
Trade Fixtures
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Legal Description
Legal Description
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Riparian Rights
Riparian Rights
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Freehold Estate
Freehold Estate
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Mineral Rights
Mineral Rights
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Diverting Surface Water
Diverting Surface Water
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Government Survey
Government Survey
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Section
Section
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Acre
Acre
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Appurtenances
Appurtenances
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Air rights
Air rights
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Appropriative rights
Appropriative rights
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Subsurface water rights
Subsurface water rights
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Recorded Map Description
Recorded Map Description
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Plat Map
Plat Map
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Lot and Block Method
Lot and Block Method
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Government Survey Description
Government Survey Description
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Study Notes
Learning Objectives
- Students will be able to define real property and distinguish it from personal property
- Students will be able to explain the concept of an appurtenance to real property
- Students will be able to list the five main types of appurtenant rights
- Students will be able to contrast riparian and appropriative water rights systems
- Students will be able to describe natural attachments and understand the circumstances under which they are transferred with real property
- Students will be able to discuss the tests used to determine whether an item is a fixture or personal property
- Students will be able to summarize the special rules that apply to trade fixtures or mobile homes
- Students will be able to compare the three major methods of land description and recognize examples of each
Suggested Lesson Plan
- Briefly describe Chapter 1, "The Nature of Real Property," and review the objectives of the chapter.
- Use Exercise 1.1 to generate interest and check baseline understanding of the topics.
Real Property
- Real property includes the land, anything permanently attached to it, and anything associated with the land
- Personal property is movable property, not permanently attached to land
Appurtenances
- Rights or interests associated with property ownership, including air, water, mineral, and support rights
- Air rights are rights to utilize the space above the land
- Water rights differ depending on the location of the water—riparian rights are associated with flowing water, while appropriative rights are from the government
- Mineral rights allow the extraction of resources from below the surface
- Oil and gas rights apply to moving resources
- Other appurtenances include easements and restrictions
Attachments
- Natural attachments such as roots/bushes/trees are considered real property
- Man-made attachments are fixtures, initially personal property
- Fixtures become part of the real property when permanently attached
- Five tests determine if an item is a fixture: method of attachment, adaptation, relationship of parties, intention of annexor, and written agreement
- Trade fixtures are attached by tenants to conduct business—they become personal property at the end of the lease unless agreed upon
Mobile Homes
- Mobile homes are personal property until permanently attached to land
- Certification as real property is required for transfer
Land Description
- Metes and bounds: uses distances and directions to describe property boundaries
- Government survey: uses sections, townships, and ranges in land survey systems
- Recorded map: descriptions are from recorded plats, showing lots and blocks within subdivisions
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Description
Test your knowledge on the distinctions between real property and personal property with this quiz. It covers concepts such as the bundle of rights, appurtenances, and conditions related to property sales. Perfect for real estate students and enthusiasts!