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KES Real property
Real property and the law
Term | Definition |
---|---|
Land | Earths surface to center of earth and sky above. |
Improvments | Human made additions on or be.ow ground. Includes growing things |
Realestate | Land plus all human made improvements that are attached |
Real Property | Interest, benefits, rights automatic.y included with ownership |
Bundle of legal rights | Possession, control, enjoyment, exclusion, disposition |
Disposition | To sell, will, transfer, otherwise dispose, encumber |
Title 2 meanings | Right to ownership, evidence of that ownership (deed) |
Title refers to? | Ownership, not a printed document |
Deed | Document by which owner transfers title. |
Appurtenance | Something that transfers with title (parking space, easements, water rights |
Real estate is equivalent to? | Real property |
Rights limited to surface | Surface rights |
Rights to natural resources | Subsurface rights |
Riparian Rights | Rights granted along flowing water (ownership to center of river or body of water) |
Littoral Rights | Grants use of water, but not ownership. Owns land adjacent to water up to average high water mark |
Accretion | Increase in land due to soil deposits. |
Erosion | Wearing away of land by natural forces |
Avulsion | Sudden loss of land by act of nature. |
Doctrine of prior appropration | Water use controlled by state. Permit granted based on prof of beneficial use. First in time |
Important distinction between personal and real property | Personal property is moveable. |
Chattels | Items of personal property, movable items, emblements like cultivated crops. |
Emblements | Annually cultivated crops fructus industriales (fruits of industry) considered personal property. |
Fructus naturales | Perennial shrubs, grass, trees |
Severance | Act of seprating property from land |
Annexation | Act of converting personal property in to real property |
Conveyance of real property is by? | Deed |
Conveyance of personal property is by? | Bill of sale |
Fixture | Personal property that has been attached. |
MARIA legal test of fixture | Method of annexation, Adaptability for ordinary use, Relationship of parties, intention, agreement. |
Trade fixtures | Used for business can be removed prior to new occupancy. Considered personal property. |
Accession | Trade fixtures not removed that become real property (constructive annexation) |
Characteristics of real property 2 | Economic, physical |
Economic chars of real property (land) 4 | Scarcity, improvements, permanence of investment, area preference. |
Situs | Place |
Physical characteristics of land | Immobility, indestructibility, uniqueness |
Nonhomogeneity | Uniqueness |
Prescriptive easements are considered | Extension of acquiring title to property through adverse possession. |
Prescriptive easements may be aquired accross land | After 10 years of continuous use |
Prescriptive easement use characteristics | Continuous open, notorious, hostile |
Easement by prescription ... | Runs with the land |
Easement may be removed by | 5 years non continuous use |
By law all AZ property much have | Ingress, egress rights. No land locked land. Owner can sue to condemn adjacent land for easement with courts |
The owner of land where easement will exist | Most often will be compensated |
AMA (water law) | Active management area. Due to over draft of ground water supply. |
In AMA a builder must | Prove development has an assured water supply for 100 years |
In non-AMA areas buildes must | Adequate water supply |
Water rights type I | Remain with land, but could be used for non irrigation purposes |
Water rights type II | Grandfathered water rights that may be sold seprate from land. |
AZ water classifications | Ground, surface |
Use of water rights without permit is | Riparian (NOT AZ) |
AZ water use regulated by | Dept of water resources |
Exempt domestic well must | Not exceed 35 gal per min and water an area no greater than 2 acres |
Water well use much appear on the | SPDS (completed by owner) |