Chapter 2 - Rights in Real Estate

The right to use real property is limited by

the right of others to use and enjoy their property

What is an emblement?

A plant or crop that is considered personal property

What is the "Doctrine of Prior Appropriation?"

A doctrine that gives the state control of water use and the water supply

Which of the following is considered real property?

A tree growing on a parcel of land

An item can be converted from real to personal property and vice versa by means of which processes?

Affixing and severance

Which level of government controls zoning laws?

County and local

What are the three unique physical characteristics of land?

Immobile, indestructible, heterogeneous

Which of the following terms refers to the rights of a property that abuts a stream or river?

Riparian

Which of the following is an example of intangible property?

Stock

What guarantees the right of private ownership of real estate in the United States?

The Constitution

Under the doctrine of littoral rights, an owner claims ownership of all of the land underlying a lake where there are three other abutting property owners. Which of the following is true?

The owner's claim is invalid, because the state owns the underlying land.

A grocer temporarily installs special fruit and vegetable coolers in a leased grocery store in order to prevent spoilage. The coolers would be considered which of the following?

Trade fixtures that are personal property

The major sources of real estate law are legislation at federal, state and local level, and

court decisions

The overriding test of whether an item is a fixture or personal property is

its definition as one or the other in a sale or lease contract.

Surface rights, air rights and subsurface rights are

separable