Property Chapter 1

correlative rights

allows the owner only a reasonable share of the water during times of water shortage

fructus industriales

same as emblements---Growing crops, such as grapes and corn that are produced annually through labor and industry or harvested. Usually considered to be personal property.

Modification

A change, addition, or deletion that alters but does not change the basic subject matter.

Trade Fixtures

A fixture installed by a tenant and removavle by the tenant before the lease expires. Did not replace something.

Accession

A fixture not removed before the end on the lease

Littoral rights

A landowners right to use water from a bordering stream or river. Up to the high water mark.

bill of sale

A written instrument given to pass title of personal property from vendor to the vendee.

chattels

All property except real property; personal property. For example, jewelry, clothing, furniture, and appliances.

Agreement

An exchange of promises, a mutual understanding or arrangement; a contract.

Improvements

Any permanent, man-made attachment to the land, such as buildings, fences, roads & driveway, or piplines and pools. Real property

Land

Anything found onsurface, above, or below the Earth;

Appurtenances

Anything that belongs to the real property. It is the rights, benefits or improvements that run with the land. (building, easement, water rights, etc.)

Fixtures

Appurtenances attached to the land or improvements, which usually cannot be removed without agreement as they become real property; examples — plumbing fixtures, store fixtures built into the property, etc.

Severance

Changing of real to personal property, such as cutting down a tree, removing stained glass window

Air Lot

Condominium ownership also involved air rights because each owner owns a block of air.

Intentions of annexing party

Depends on what it is, example a price less chandler. The seller would probally want to take this with them.

Potable

Drinkable

Property

Everything capable of being owned and acquired lawfully. The rights of ownership. The right to use, possess, enjoy, and dispose of a thing in every legal way and to exclude everyone else from interfering with these rights. Property is classified into two groups, personal property and real property.

Real Property

Immovable physical property such as land or a building

tenements

Immovable, any thing permanently attached to the land (buildings) physically or legally. These can be natural attachments (things that grow back every year) or man made artificial attachments

Right of Lateral support

In mining minerals the rights of the adjacent property owners are protected from possible damage

Attachments

Items such as shelves or curtain rods are physically attached to a building or wall.

Real estate

Land, tenements, and appurtenances, whatever is made part of or is attached to it by nature (trees) or man (anything permantently attached such as buildings, fences and tems that are attached to the buildings; the land and all the improvements thereon. (Also real property), Includes membership in a cooperative.

Relationship to the Parties

Might relate to what relationship the person placing the item in the property has to the property. (Seller, buyer, landlord, tenant, etc.)

riparian rights

Non-navigable stream, ownership extends to the middle of the land under the stream or river, the owner has the right to enjoy and use

chattels real

Personal property that stay after closing, Leases and mortgages are examples of _____.

fructus naturales

Plants that do not require annual cultivation (tress and shrubbery) considered real estate, perennial crops such as orchards or vineyards, are not personal property and so transfer with the land

Personal Property

Possessions other than real estate or buildings. Personal property is movable and includes tangible (appliances, car, furniture, jewelry) and intangible (bonds, right to a benefit, shares or stocks) items whose ownership belongs to the individual. Also called chattels.

Air rights

Rights to build in or otherwise use space above ground or an existing structure. Real Property

Mineral rights

Rights to unmined minerals that are part of real property but can be removed.

Navigable waters

Rivers and oceans used for commercial shipping and are identified on government survey maps

water table

The level which percolating water is found. Drinkable, could be used for wells, irrigation or for filling a lake on the owner's land.

prior appropriation

Used in areas of the West (US) follows the first-come first served approach where the first user of water from a stream establishes a legal right for continued use of the amount originally withdrawn

Deed

a legal document signed and sealed and delivered to effect a transfer of real property and to show the legal right to possess it

Indestructibility

land is durable - it will always be there.

chattels personal

movable things (car, boat...)

Percolating water

waters that pass through the ground beneath the surface of the earth without any definite channel or waterway