Real Property Law: Key Terms
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Questions and Answers

Which of the following best describes the concept of 'riparian rights'?

  • The right to construct buildings on a public waterway.
  • The right to drill for oil on one's property.
  • The right to reasonable use and enjoyment of water flowing past one's land. (correct)
  • The right to divert water flow to neighboring properties.

What is the key characteristic of 'severalty' ownership?

  • Ownership shared between a husband and wife.
  • Ownership by multiple individuals with equal shares.
  • Ownership divided among several beneficiaries of a trust.
  • Ownership by only a single individual. (correct)

In a 'tenancy in common' arrangement, what happens to an owner's interest upon their death?

  • It reverts back to the original grantor of the property.
  • It automatically transfers to the surviving tenants.
  • It passes to their heirs or as directed by their will. (correct)
  • It is divided equally among the surviving tenants.

Which of the following scenarios violates the required 'unities' for establishing a joint tenancy with right of survivorship?

<p>A mother deeds a property to her two children, specifying different percentages of ownership for each. (A)</p> Signup and view all the answers

A real estate investor is considering purchasing a large tract of land but is concerned about 'illiquidity'. Which of the following strategies would least effectively mitigate the risks associated with this characteristic?

<p>Securing a loan with a long repayment term and low initial interest rate. (C)</p> Signup and view all the answers

Which of the following best describes the 'bundle of rights' in real estate?

<p>The various legal rights associated with the ownership of real estate, such as the right to use, sell, or lease the property. (B)</p> Signup and view all the answers

What is the primary characteristic that distinguishes a joint tenancy from other forms of co-ownership?

<p>The right of survivorship. (D)</p> Signup and view all the answers

In the context of real property, what does 'escheat' refer to?

<p>The reversion of property to the state when an owner dies without a will or heirs. (A)</p> Signup and view all the answers

How does a 'life estate' differ from a 'fee simple' estate?

<p>A life estate grants ownership for the duration of someone’s life, while a fee simple estate grants full ownership rights. (A)</p> Signup and view all the answers

Which scenario exemplifies an 'act of waste'?

<p>A tenant deliberately damaging a rental property, reducing its value. (C)</p> Signup and view all the answers

What is the key difference between a 'fixture' and 'personal property'?

<p>Fixtures are considered part of the real property, while personal property is not. (A)</p> Signup and view all the answers

A property is co-owned by 4 individuals as joint tenants. If one of the joint tenants sells their interest to an outside party, what happens to the joint tenancy?

<p>The joint tenancy is severed, and the remaining owners continue as joint tenants with respect to each other, while the new owner is a tenant in common. (A)</p> Signup and view all the answers

Person A owns a property in fee simple and grants Person B a life estate measured by Person C's life. If Person B dies before Person C, what happens to the property?

<p>Person B’s heirs inherit the life estate, and they possess the property until Person C dies. (C)</p> Signup and view all the answers

Flashcards

Riparian Rights

The right of a property owner to reasonable use of water flowing past their land.

Severalty

Ownership of real property by a single individual.

Tenancy in Common

Ownership by two or more persons with undivided interest, lacking 'right of survivorship'.

Undivided Interest

Equal right to enjoy an entire property among tenants.

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Illiquidity

Property's characteristic of not being easily sold or exchanged for cash.

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Act of Waste

A legal action addressing property damage caused by a tenant that reduces the property's value.

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Air Rights

Rights to use the space above the surface of land.

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Beneficiary

The recipient of benefits from an act, like a trust.

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Bundle of Rights

Ownership includes rights to use, sell, lease, etc.

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Escheat

Property reverts to the state if the owner dies without a will or heirs.

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Estate for Years

A leasehold estate for a specific time, not automatically renewed.

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Fixture / Trade Fixture

Personal property attached to land, becoming part of real property.

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Partition

Division of real property between owners with undivided shares, often via court-ordered sale.

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Study Notes

  • Act of Waste is a legal cause of action addressing property condition changes by a tenant that harms its value.
  • Air Rights are real property rights to use the space above land.
  • A Beneficiary is someone who gains benefits from certain actions.
  • Bundle of Rights describes real estate ownership as possessing various rights like use, sale, lease, and bequest.
  • Escheat is when property reverts to the State if the owner abandons it or dies intestate without any eligible heirs.
  • Estate for Years is a leasehold estate for a defined period; it is not automatically renewed.
  • Fixture is personal property attached to land to become part of the real property.
  • Trade Fixture is personal property used in a business and attached to the land.
  • Curtesy is a husband’s interest in his deceased wife's real property if they had a child capable of inheriting the estate.
  • Dower: A widow's legal right to a portion of her deceased husband's real estate for her lifetime.
  • Joint Tenancy is property ownership by two or more with undivided interest and "right of survivorship."
  • Joint Venture is a business agreement where parties develop a new entity/assets for a limited time by contributing equity.
  • Life Estate conveys property title for the grantee's lifetime.
  • Partition is the division of real property among owners with undivided shares.
  • It can be expensive and usually involves a judge-ordered sale.
  • Personal Property is any property that is NOT real property.
  • Reversionary Interest is the grantor's interest in property after the preceding estate ends.
  • Right of Survivorship is when a surviving joint owner inherits the deceased owner's interest.
  • It is a key feature of joint tenancy.
  • Riparian Rights grant landowners bordering a natural watercourse the right to reasonable use and enjoyment of the water.
  • Severalty means ownership by a single individual.
  • Tenancy in Common is property ownership by two or more with undivided interest, without right of survivorship.
  • A Trustee is someone who holds property or authority in trust for another's benefit.
  • A Trustor is someone who conveys title to a trustee.
  • Undivided Interest is when tenants each have an equal right to enjoy the entire property.
  • Unities of Interest, Possession, Time, and Title must all exist for joint tenancy with right of survivorship or tenancy by the entirety.
  • Specifically, these unities must exist when creating these types of property interests.
  • Illiquidity refers to property's difficulty to be sold or exchanged for cash.
  • Parcel is a piece of land under one ownership.

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Description

Definitions of key real property law terms, including waste, air rights, beneficiaries, bundle of rights, escheat, estates for years, fixtures, trade fixtures, curtesy, dower and joint tenancy.

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