History /Real Estate Notes: PSI Exam Prep: Property Ownership Part 1

Real Estate Notes: PSI Exam Prep: Property Ownership Part 1

History30 CardsCreated 7 days ago

This deck covers key concepts related to property ownership, including definitions of land, real estate, and real property, as well as legal descriptions and property rights.

The earth’s surface extending downward to the center of the earth and upward to infinity, including permanently attached natural objects.

Land
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Key Terms

Term
Definition
The earth’s surface extending downward to the center of the earth and upward to infinity, including permanently attached natural objects.
Land
Land, plus all things permanently attached to it naturally or artificially.
Real estate
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Real estate, plus the interests, benefits, and rights included with real estate ownership.
Real property
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Artificial attachments to land that include things such as fencing, buildings, and walkways.
Improvements
Enjoyment, disposition, possession, control, and exclusion; often referred to as 'bundle of rights'.
Ownership rights
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Everything owned that is not real property, aka chattel.
Personal property

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TermDefinition
The earth’s surface extending downward to the center of the earth and upward to infinity, including permanently attached natural objects.
Land
Land, plus all things permanently attached to it naturally or artificially.
Real estate
Real estate, plus the interests, benefits, and rights included with real estate ownership.
Real property
Artificial attachments to land that include things such as fencing, buildings, and walkways.
Improvements
Enjoyment, disposition, possession, control, and exclusion; often referred to as 'bundle of rights'.
Ownership rights
Everything owned that is not real property, aka chattel.
Personal property

Five basic tests to determine if an item is real or personal property: MARIA.

METHOD of annexation: Attached or not

ADAPTABILITY for use: if removed, it will drastically change

RELATIONSHIP of the parties: buyer vs seller or tenant vs landlord

INTENTION in placing: if temporary or permanent

AGREEMENT of the parties: all parties agree

Anything permanently attached to the land or to permanent structures on the land. are part of real property and are included (conveyed) with a sale of real property unless the parties negotiate differently.
Fixture
These Cultivated crops and are considered personal property, even though they’re part of the soil.
Emblements
Owners don’t need to dig up the crops and take them when the land is conveyed, but those owners are entitled to the fruits of their labor and can harvest the crop when it’s ready (even if the land has transferred to a new owner).
Yes
The process of converting personal property to real property.
Annexation
This is anything that’s attached to leased land or structures that’s used in conducting business. Rights and responsibilities differ depending on the commercial lease agreement, but usually tenants may remove trade fixtures when the lease terminates. They must repair any damage created by removing the fixtures.
Trade fixture
Real property is conveyed from one owner to another using a deed. Personal property is transferred using a
bill of sale or receipt.
The geographic location of land is fixed and can’t be changed.
Immobility
Improvements may deteriorate over time, but not land itself.
Indestructibility
One piece of land is never exactly like another.
Uniqueness
You can’t make more land; what we have now is what we’ll always have.
Scarcity
A land’s value can be positively or negatively affected by the improvements made on it.
Improvements
Some improvements are long-term, stable investments with stable returns over time.
Permanence of investment
A property’s value depends in large part on its location.
Situs/location/area preference
It permits a specific parcel of property to be located by a trained surveyor.
A legal description
Three primary types of legal descriptions.
metes and bounds, lot and block (also known as recorded plat), and rectangular government survey system (RGSS)
These are the direction and distance of a line forming the property’s boundary.
Metes
These are physical features that define the boundaries of the property.
Bounds
These descriptions are characterized by a point of beginning, which is where the description both begins and ends. It also uses monuments to mark boundaries. The monuments are thought to have more credibility than the measurements.
Metes-and-bounds
A permanent physical marker used in a metes-and-bounds description that can be man-made or natural. It may be a tree, creek, rock, or a stake placed in the ground.
Monument
It divides land into townships and further into sections and fractions called sections.
The rectangular government survey system
It is the north-south line that runs through an initial point in the RGSS. These descriptions also use compass point directions (northwest; southeast; etc.).
The principal meridian
It is the east-west line from which measurements originate.
The base line
These lines of a survey are called township lines.
East-west lines