Podcast
Questions and Answers
Which of the following is NOT a characteristic of rights?
Which of the following is NOT a characteristic of rights?
While both personal and property rights are protected, what distinguishes property rights from personal rights?
While both personal and property rights are protected, what distinguishes property rights from personal rights?
What does the term "real property" encompass?
What does the term "real property" encompass?
Which of the following best represents an example of personal property?
Which of the following best represents an example of personal property?
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What is the primary rule used to determine if an item is a fixture?
What is the primary rule used to determine if an item is a fixture?
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Which of the following would NOT be considered a fixture, according to the information presented?
Which of the following would NOT be considered a fixture, according to the information presented?
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What is the primary difference between personal property and fixtures?
What is the primary difference between personal property and fixtures?
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What legal concept is illustrated by the MetLife Building in New York City?
What legal concept is illustrated by the MetLife Building in New York City?
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What is the primary characteristic of a cooperative that distinguishes it from traditional ownership?
What is the primary characteristic of a cooperative that distinguishes it from traditional ownership?
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What is the primary difference between dower/curtesy and elective share?
What is the primary difference between dower/curtesy and elective share?
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Which of the following is NOT a problem associated with dower?
Which of the following is NOT a problem associated with dower?
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What is the primary characteristic of community property?
What is the primary characteristic of community property?
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Which of the following is NOT considered to be community property?
Which of the following is NOT considered to be community property?
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In which states is community property most commonly recognized?
In which states is community property most commonly recognized?
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What is the main advantage of community property over elective share?
What is the main advantage of community property over elective share?
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Which of the following is a potential drawback of community property?
Which of the following is a potential drawback of community property?
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Which of the following is NOT a typical example of a deed restriction found in a subdivision?
Which of the following is NOT a typical example of a deed restriction found in a subdivision?
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Which of these is a common reason why a court might be reluctant to enforce a restrictive covenant?
Which of these is a common reason why a court might be reluctant to enforce a restrictive covenant?
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What are 'parties at interest' when it comes to enforcing restrictive covenants?
What are 'parties at interest' when it comes to enforcing restrictive covenants?
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Which type of lien is associated with a property tax bill?
Which type of lien is associated with a property tax bill?
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What is the difference between a general lien and a specific lien?
What is the difference between a general lien and a specific lien?
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Which of the following is NOT a form of direct co-ownership of real estate?
Which of the following is NOT a form of direct co-ownership of real estate?
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How does indirect co-ownership differ from direct co-ownership of real estate?
How does indirect co-ownership differ from direct co-ownership of real estate?
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Which of these is an example of a restrictive covenant that would likely be found in a deed conveying a single parcel of land?
Which of these is an example of a restrictive covenant that would likely be found in a deed conveying a single parcel of land?
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What is the right to use land for a specific and limited purpose called?
What is the right to use land for a specific and limited purpose called?
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Which of the following is an example of an affirmative easement appurtenant?
Which of the following is an example of an affirmative easement appurtenant?
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Which statement accurately describes an easement in gross?
Which statement accurately describes an easement in gross?
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What is the key difference between an easement and a license?
What is the key difference between an easement and a license?
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Which of the following is NOT a characteristic of an easement appurtenant?
Which of the following is NOT a characteristic of an easement appurtenant?
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What is the term for an easement that allows all rights to be conveyed, even extending access to others?
What is the term for an easement that allows all rights to be conveyed, even extending access to others?
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Which of the following scenarios is NOT an example of an easement in gross?
Which of the following scenarios is NOT an example of an easement in gross?
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Which of the following states does NOT have community property laws?
Which of the following states does NOT have community property laws?
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How can an easement be terminated?
How can an easement be terminated?
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What is the primary issue related to the ownership of oil and gas?
What is the primary issue related to the ownership of oil and gas?
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Which form of ownership is considered a questionable financial investment?
Which form of ownership is considered a questionable financial investment?
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What are two primary rights within the bundle of rights? (Select two)
What are two primary rights within the bundle of rights? (Select two)
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Which of the following is NOT a form of non-possessory interest? (Select all that apply)
Which of the following is NOT a form of non-possessory interest? (Select all that apply)
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Which legal system tends to apply to Community Property laws?
Which legal system tends to apply to Community Property laws?
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What is the typical spousal share in Elective Share laws?
What is the typical spousal share in Elective Share laws?
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What is a common example of a floating time interval? (Select all that apply)
What is a common example of a floating time interval? (Select all that apply)
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Which of the following forms of co-ownership allows for the creation of different size shares?
Which of the following forms of co-ownership allows for the creation of different size shares?
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Which form of co-ownership is best suited for owning a business?
Which form of co-ownership is best suited for owning a business?
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Which form of co-ownership involves a 'right of survivorship'?
Which form of co-ownership involves a 'right of survivorship'?
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What is a potential problem with tenancy by the entirety involving minor children?
What is a potential problem with tenancy by the entirety involving minor children?
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Which form of co-ownership involves a combination of single ownership and tenancy in common?
Which form of co-ownership involves a combination of single ownership and tenancy in common?
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What is a potential risk associated with buying a condo?
What is a potential risk associated with buying a condo?
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Which of the following is NOT a reason why someone might choose to live in a condo?
Which of the following is NOT a reason why someone might choose to live in a condo?
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What is a possible disadvantage of living in a condominium?
What is a possible disadvantage of living in a condominium?
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Flashcards
Property Rights
Property Rights
Claims individuals have regarding ownership and use of property.
Personal Rights
Personal Rights
Freedoms guaranteed by the Constitution, protecting individual liberties.
Real Property
Real Property
Rights in land and permanent structures, including surface, air, and subsurface.
Personal Property
Personal Property
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Fixtures
Fixtures
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Intent of Parties
Intent of Parties
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Bundle of Rights
Bundle of Rights
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Dimensions of Real Property
Dimensions of Real Property
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Model Residential Landlord-Tenant Act
Model Residential Landlord-Tenant Act
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Easement
Easement
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Easement Appurtenant
Easement Appurtenant
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Affirmative Easement
Affirmative Easement
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Negative Easement
Negative Easement
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Easement in Gross
Easement in Gross
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Exclusive Easement in Gross
Exclusive Easement in Gross
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License
License
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Tenancy in Common
Tenancy in Common
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Joint Tenancy
Joint Tenancy
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Tenancy by the Entirety
Tenancy by the Entirety
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Condominium
Condominium
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Rights of Condominium Owners
Rights of Condominium Owners
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Risks of Owning a Condo
Risks of Owning a Condo
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Right of Survivorship
Right of Survivorship
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Condominium Management Quality
Condominium Management Quality
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Restrictive Covenants
Restrictive Covenants
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Methods of Creation
Methods of Creation
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Enforcement of Covenants
Enforcement of Covenants
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General Liens
General Liens
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Specific Liens
Specific Liens
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Direct Co-Ownership
Direct Co-Ownership
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Indirect Co-Ownership
Indirect Co-Ownership
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Condo Documents
Condo Documents
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Cooperative Ownership
Cooperative Ownership
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Dower and Curtesy
Dower and Curtesy
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Elective Share
Elective Share
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Community Property
Community Property
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Proprietary Lease
Proprietary Lease
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Automatic Ownership from Marriage
Automatic Ownership from Marriage
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Life Estate Unmarketable
Life Estate Unmarketable
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Timeshare Ownership
Timeshare Ownership
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Rights to Water
Rights to Water
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Mineral Rights
Mineral Rights
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Law of Capture
Law of Capture
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Fixtures Problem
Fixtures Problem
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Study Notes
Chapter 2: Legal Foundations To Value
- Real Property Bundle of Rights: Questions include defining rights, property rights, real property, personal property, and ambiguous cases.
What Are Rights?
- Governmental Enforcement: Rights are claims enforced by the government, stemming from the constitution, and distinct from arbitrary power.
- Non-revocable (but modifiable): Rights are not revocable but can be reduced for public health, safety, and welfare.
- Enduring: Rights are not limited by owners' or government's terms.
Personal Rights vs. Property Rights
- Personal Rights: Basic freedoms guaranteed by the constitution, and interpreted by the supreme court.
- Property Rights: Exclusive possession; use and deriving benefit (rent, harvest); and freedom of disposal (within legal safety limits).
Real vs. Personal Property
- Real Property: Rights in land and permanent structures (surface, air [up to legal limits], subsurface [minerals, oil, gas, water]).
- Personal Property: All other property, including personal and household goods, intellectual property (like music)
Rights in Our Society
- This section illustrates a visual representation of various personal and property rights.
Real Property: Rights in Three Dimensions
- A diagram illustrates the concept of property rights extending in three dimensions (airspace, surface, subsurface).
Fixtures
- Definition: Real property formerly considered personal property.
- Identification Rules: Factors like attachment, adaptation (custom features), and the parties' intentions determine if something is a fixture.
- Specific Examples: Custom features (screens, windows, pews, designed furniture) can convert personal to real property.
- Intentions: The parties' intention plays a significant role—customary practices and relative roles (tenant, homeowner) impact classification.
Which Are Fixtures?
- This section includes visual examples to apply the fixture concepts.
Importance of Fixtures
- Automatic Transfer: Fixtures automatically transfer ownership with the property.
- Identification Crucial: Accurate identification of potential fixtures is essential.
- Explicit Statement Needed: Fixtures' inclusion or exclusion should be explicitly stated in transactions.
Real Property Interests
- Interest: Any rights bundle in real property.
- Estate: Includes possession rights.
- Non-possessory Interests: Examples include easements, restrictive covenants, and liens.
Estates
- Different types of ownership, including their inheritance and duration characteristics, like fee simple absolute, fee simple conditional, life estate, legal life estate, and different leasehold estates.
Estates of Indefinite Length
- Types of ownership (fee simple absolute, fee conditional, life, legal) are defined, with emphasis on how they're defined and their importance in real ownership concerns.
- Emphasis is on how homestead rules differ in states and impact the survivorship of the property's right.
Modern Leasehold Interests
- Characteristics and types of leasehold arrangements, including tenancy for years, periodic tenancy, and laws governing terminations.
- Provides context and relevance for contemporary housing circumstances.
Model Residential Landlord-Tenant Act
- This act aims for fairness between landlords and tenants.
Nonpossessory Interests in Land
- Overview of easements, liens, and restrictive covenants.
Easements
- Definition: The right to use land for a specific purpose.
- Appurtenant: Rights tied to adjoining properties (affirmative examples: access, utilities; negative: light, air).
- In Gross: Rights not tied to a particular parcel (commercial easements, e.g., utility lines, easements for billboard placement).
More Easement Concepts
- Exclusive/Nonexclusive: Whether access can be shared; the distinction is important for property rights.
- License: Similar to easement but is revocable.
How Many Easements in This Scene?
- Illustrates an example map of property rights and easements.
Rights Included in Various Real Property Interests
- A table summarizes which rights apply to different property interests (freehold, leasehold, easement).
Restrictive Covenants (Deed Restrictions)
- Definition: Covenants restricting land use in deeds.
- Creation: Can be in a deed conveying the land, or by restrictions in the subdivision.
- Enforcement: Methods enforced by courts, owners, or others (with potential difficulties in enforcement due to abandonment or changing circumstances).
Restrictive Covenants: Enforcement
- Methods: Injunctions and other legal means of enforcement.
- Parties Involved: The grantor, successors, etc.
- Enforcement Challenges: Abandonment, changes in neighborhood or policy, potentially impacting the conditions enforced.
Liens
- Definition: An interest in property as security for an obligation, usually a debt in a transaction that didn't involve ownership.
- General vs. Specific: Liens (like tax liens) or (like mortgages).
- Examples: Specific liens like mortgages, mechanics', property tax, and assessment liens.
Three Levels of Liens on a Personal Residence
- Illustration of the prioritized order of liens.
Forms of Co-Ownership
- Direct: Common forms include tenancy in common, joint tenancy (with survivorship), and tenancy by the entirety. Direct ownership is usually preferred in most housing concerns.
- Indirect: Ownership is through an entity (co-op, corporation) which holds the property.
Forms of Direct Co-Ownership
- Descriptions of characteristics and different scenarios to understand the various ownership rights and how the ownership structures work.
Forms of Direct Co-Ownership (2)
- Detailed explanation regarding ownership forms with inheritance implications.
Direct Co-Ownership: Condominiums
- Characteristics and types of co-owned housing, which combines elements of single ownership and common ownership.
Why Would You Want a Condo?
- Positives of condo ownership, like price, amenities, security, and maintenance.
What Special Risks Do You Buy Into?
- Potential risks associated with condo living (e.g., design, rules, management, reputation).
Condo Documents You Want to Examine
- Important documents for evaluating condo living.
Cooperative
- Detailed descriptions and characteristics of cooperative ownership.
Automatic Ownership from Marriage: Early Forms
- Characteristics of dower and curtesy (historical forms of automatic property transmission in marriages).
Automatic Ownership from Marriage: Modern Forms
- Explanations regarding elective share as a modern substitute for the dower system.
- Explanations regarding community property as another model that works differently.
Automatic Ownership from Marriage: Modern Forms (2)
- Detailed information on community property- another way property is managed between spouses in various situations.
Exhibit 2-10 Two Main Forms of Marital Property Rights
- A table comparing elective share and community property systems' characteristics in various states.
Timeshare
- Characteristics and potential concerns of timeshare ownership.
Issues in Rights to Water
- Overview of questions about water rights and property ownership.
Rights to Oil, Gas, and Minerals
- Overview of ownership of substances— oil, gas and minerals— that are in the ground and their management between parties.
Summing Up
- Review of the concepts of real and personal property, the bundle of rights, and the various ownership structures.
More Summing Up
- Review of various concepts; different types of co-ownership, and concepts of how property interests are passed between married partners.
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Description
Test your understanding of real estate rights, personal and property classifications, and the nuances of community property. This quiz covers key concepts such as fixtures, cooperative ownership, and the legal implications tied to property rights.