Ch. 2

What is an emblement?

A plant or crop that is considered personal property

Rights in real property as they apply to the property's airspace, or all space above the surface within the parcel's legal boundaries.

Air Rights

A set of rights associated with ownership of property, including the rights to possess, use, transfer, encumber and exclude.

Bundle of Rights

An item of personal property.

Chattel

Changing real property to personal property, and vice versa.

Conversion

Which level of government controls zoning laws?

County and local

Plants and crops considered personal property, since human labor is required for planting, growing and harvesting.

Emblements

Which of the following is included in the legal concept of land?

Everything above, on and below the surface of the earth

An item permanently attached to land so as to be defined as real property.

Fixture

A set of water rights defined by state law relating to properties abutting navigable bodies of water such as lakes and bays. Generally, a property owner enjoys usage rights but owns land only to the high water mark. See riparian rights and prior appropriation.

Littoral Rights

A legal doctrine granting a state the power to control and regulate the use of water resources within state boundaries.

Prior Appropriation

Land and all manmade structures permanently attached to it.

Real Estate

Water rights of a property that abuts a watercourse (stream, river).

Riparian Rights

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.

Real estate and the bundle of rights associated with ownership of real estate.

Real Property

A conversion of real property to personal property through detachment of the item from the land.

Severance

Which of the following is included in the bundle of rights inherent in ownership? To inherit To tax To transfer To vote

To Transfer

A fixture necessary for the conduct of a business. Although affixed to the land, it is personal property.

Trade Fixture

Rights of a property that abuts a body of water to own or use the water. See littoral rights, riparian rights, and prior appropriation.

Water Rights

All property that is not considered real property; all property that is not land or permanently attached to land, excepting trade fixtures and emblements.

Personal Property

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

Riparian