Podcast
Questions and Answers
A property owner's land borders a lake. Which right allows them reasonable use and enjoyment of the shore and water?
A property owner's land borders a lake. Which right allows them reasonable use and enjoyment of the shore and water?
- Riparian Rights
- Subsurface Rights
- Air Rights
- Littoral Rights (correct)
David owns land next to a river and uses it for recreation. Which land right allows David to access and use the river?
David owns land next to a river and uses it for recreation. Which land right allows David to access and use the river?
- Riparian Rights (correct)
- Subsurface Rights
- Air Rights
- Littoral Rights
Mr. Davis leases an apartment to Andrew for one year. What type of leasehold estate is Andrew receiving?
Mr. Davis leases an apartment to Andrew for one year. What type of leasehold estate is Andrew receiving?
- Estate at Will
- Periodic Tenancy
- Estate for Years (correct)
- Tenancy at Sufferance
Mark owns property with unused buildable square footage, which he can sell. What is this an example of?
Mark owns property with unused buildable square footage, which he can sell. What is this an example of?
What type of ownership structure is used in real estate to shield owners from personal liability for damages?
What type of ownership structure is used in real estate to shield owners from personal liability for damages?
Which of the following scenarios creates a tenancy at sufferance?
Which of the following scenarios creates a tenancy at sufferance?
Mary deeds her property to her sister for 15 years, with ownership to the sister's children afterward. What are Mary's sister's children considered?
Mary deeds her property to her sister for 15 years, with ownership to the sister's children afterward. What are Mary's sister's children considered?
Which of the following describes ownership by a single individual?
Which of the following describes ownership by a single individual?
A property owner's land borders a flowing river. Which right allows them reasonable use and enjoyment of the water?
A property owner's land borders a flowing river. Which right allows them reasonable use and enjoyment of the water?
Which form of co-ownership includes the right of survivorship, where the surviving owner(s) automatically inherit the deceased owner's share?
Which form of co-ownership includes the right of survivorship, where the surviving owner(s) automatically inherit the deceased owner's share?
A business owner installs specialized equipment in their rented store to operate the business. What what is this equipment considered?
A business owner installs specialized equipment in their rented store to operate the business. What what is this equipment considered?
A landowner sells the rights to extract natural gas from beneath their property. What type of right has been conveyed?
A landowner sells the rights to extract natural gas from beneath their property. What type of right has been conveyed?
Which of the following scenarios would be a violation of a fee simple absolute ownership?
Which of the following scenarios would be a violation of a fee simple absolute ownership?
A life estate is granted to person A, with the condition that upon person A's death, the property will transfer to person B. What is person B known as?
A life estate is granted to person A, with the condition that upon person A's death, the property will transfer to person B. What is person B known as?
A property is co-owned by two individuals as tenants in common. One owner wants to sell their share, but the other does not. Can the owner sell their share without the other's consent?
A property is co-owned by two individuals as tenants in common. One owner wants to sell their share, but the other does not. Can the owner sell their share without the other's consent?
A married couple jointly owns a property as tenants by the entirety. Can one spouse transfer their interest in the property without the consent of the other spouse?
A married couple jointly owns a property as tenants by the entirety. Can one spouse transfer their interest in the property without the consent of the other spouse?
Flashcards
Easement
Easement
The right to use another's land for a specific purpose.
Riparian Rights
Riparian Rights
Rights of a property owner to reasonable use of water bordering their land.
Chattel
Chattel
Personal property; anything not considered real property.
Fixture
Fixture
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Air Rights
Air Rights
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Subsurface Rights
Subsurface Rights
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Littoral Rights
Littoral Rights
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Tenancy in Common
Tenancy in Common
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Severalty
Severalty
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Tenancy by the Entirety
Tenancy by the Entirety
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Estate for Years
Estate for Years
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Trustee
Trustee
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Personal Property
Personal Property
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Study Notes
- Easement: The right to use someone else's land for a specific purpose, such as crossing it.
Property Rights
- Riparian Rights: A property owner's entitlement to reasonable use and enjoyment of water flowing past their land, such as a river.
- Chattel: Personal property, anything not considered real property.
- Fixture: Personal property attached to land or improvements, becoming part of the real property.
- Air Rights: A property owner's right to use the space above their land's surface.
- Subsurface Rights: A property owner's rights to water and other substances beneath the land's surface.
Real Property Ownership
- Tenancy in Common: Real property ownership by two or more persons with undivided interests, lacking "right of survivorship."
- Tenancy by the Entirety: Real property ownership by a married couple, where neither spouse can transfer interests without the other's consent.
- Joint Tenancy: Real property ownership by two or more persons with undivided interest, including "right of survivorship."
- Estate in Severalty: An estate held by a tenant alone, without shared interest with others.
- Fee Simple Absolute: The most complete form of ownership; an owner cannot build beyond the property line of the land.
- Remainderman: The person who receives the property after the prior estate terminates.
- Real property is considered illiquid as it is not easily sold.
- Air Rights are often regulated by local zoning ordinances.
Business and Real Estate Agreements
- Joint Venture: A business agreement where parties develop a new entity/assets for a limited time by contributing equity.
- Fee Simple Estate is the same as Fee Simple Absolute.
Fixtures and Personal Property
- Trade Fixture: Personal property attached to land/improvements, becoming part of the property.
- Artwork is not a fixture.
- Oil beneath a property is an example of a subsurface right.
Types of Real Estate and Estates
- Churches, theaters, and schools are examples of Special Purpose Real Estate.
- An Estate for Years does not automatically renew.
- The right to access a lake adjacent to a property is an example of a littoral right.
- Tenancy at Sufferance occurs if a tenant remains longer than the term specified in an estate for years.
- Littoral Rights apply to a property owner whose land borders a body of water, such as a lake, ocean, or sea, for reasonable use and enjoyment of the shore and water the property borders on.
- Severalty: Ownership by a single individual.
- Curtesy: A husband’s interest upon the death of his wife in the real property of an estate that she owned or inherited, provided they had a child capable of inheriting the estate.
- Riparian Rights allow access to and use of a river for recreational purposes for the owner of a property adjacent to the river.
- Littoral Rights are associated with a stagnant body of water.
Property Ownership Conditions
- Unities of interest, Possession, Time, and Title: Conditions for creating certain property interests.
- Limited Liability Company: This type of ownership is common in real estate as the owners are not personally liable for damages.
- Condominium: An example of residential property use.
- Subsurface Rights: Selling a portion of natural gas located deep beneath a property.
- Estate for Years: A leasehold estate granted to a tenant for a specified period, like a one-bedroom apartment leased for a year.
- Air Rights are exemplified by unused buildable square footage that can be developed or sold to an adjacent lot.
- Remainderman: Mary's sister's children are the remainderman, receiving ownership after a life estate of 15 years.
- Estate for Years: Any leasehold estate for a specific period of time.
- Trustee: Holds property, authority, or a position of trust for another's benefit.
- Personal Property: Any property that is not real property.
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