WA Real Estate Fundamentals 1
What are the 4 basic appurtenance rights?
-Air -Water -Mineral -Support
A court will typically apply 4 legal tests:
-Method of attachment test -Adaptation test -Intention test -Relationship test
Each government survey grid has:
-Principle meridian (Y axis) -Base line ( X axis)
What are the two main systems for allocating water rights?
-Riparian rights system -Prior appropriation system
How many methods of legal description are there?
1. Metes and bounds 2. Government survey 3. Lot and block
One side of a section (in a government survey) is how many feet long?
5280 feet
A parcel occupies the NW 1/4 of the SE 1/4, and the S 1/2 of the SW 1/4 of the NE 1/4 of Section 4. How many acres is this parcel?
60 feet
Legal description
A description that enables a piece of land to be precisely identified is commonly referred to as the property's legal description
Bill of sale
A document used to transfer title to personal property
Which of the following is an example of an emblement?
A field of corn. Fruit trees and vineyards don't require planting every year, but crops such as corn and wheat do.
Plat or plat map
A map showing the lots and blocks in the subdivision
Air rights
A property owner does not actually own the air, but does have the right to use the airspace above the property, within limitations imposed by the law. If aircraft interfere with your property rights, you are entitled to demand a change in flight patterns or at least compensation for the interference Ex) You cannot build a radio tower that would interfere with incoming or outgoing traffic. Neighbors scenic view or right to solar energy aka sun rights. Suppose you are a dairy farmer and the aircraft noise disturbs your cows which lowers milk production. If you can show in court that the value of your land has been diminished, responsible parties may compensate you for the financial loss.
A survey has been completed, and stakes have been placed marking off the property. The survey can be used to
A survey may be used to determine where exactly a property's boundary lines fall. This would be an important consideration in the placement of fences and driveways, to avoid encroaching on a neighbor's property.
The intersection of a range and a township tier in the government survey system is called
A township. Ranges are north-south columns, township tiers are east-west rows. A township is the parcel formed by the intersection of a range and township tier
Articles of personal property affixed to leased land by a commercial tenant
A trade fixture is something installed by a commercial tenant for use in his business or trade
Unless otherwise stated, a property buyer should receive:
Air rights, surface rights. and subsurface rights
What is a datum?
An established plane of elevation
Relationship test
Another way of establishing the intention of the person who installed the item or arranged to have it installed. It refers to that person's relationship with the property at the time of the installation. Did he own the property or was he just a tenant?
Mobile home tax
As long as a mobile home is still personal property
Why was the prior appropriation system created?
Because the riparian system did not serve to allocate water to areas of scarcity and in high demand. Ex. Eastern WA
Instrument used to transfer title to personal property
Bill of sale
Methods of Legal Description
Define of describe exactly which land someone owns
Personal property
Defined as anything that isn't real property--anything that is not land, attached to the land or appurtenant to the land. Personal properties may also be called "chattels" or "personality" Ex) Movable items such as car or sofa is personal property
Real property
Defined as land. Anything attached or affixed to the land. Anything incidental or appurtenant to the land. Real property is also referred to as "realty" or "real estate" Includes the land, the subsurface, the air above, and the rights and privileges associated with the land.
Trade fixtures
Equipment and other items that a commercial tenant installs to carry on a business. Even though they're called fixtures, trade fixtures aren't considered part of the real property, no matter how they're attached. Unless otherwise agreed, trade fixtures must always be removed by the business operator at the end of the tenancy.
An article that was once personal property but has been incorporated into real estate
Fixture
Water beneath the surface of the earth is called:
Ground water
A real estate agent takes a listing for a mobile home. He may do this without additional license if:
If the listing includes the sale, exchange, or lease of the land on which the mobile home sits, the real estate agent is not required to have any additional kind of license. AKA, the listing includes the land on which the mobile home rests.
Legal tests
If there is no written agreement concerning an item that the buyer and the seller each claim should be theirs, courts will do certain tests to classify a disputed item as real property (fixture) or personal property.
Title elimination
In order for a manufactured home to become real property, it must go through a procedure called title elimination. This eliminates the vehicle title, making the home a fixture and part of the real property where it is located.
Government lots
Irregularly shaped sections of land
Fixtures vs. personal property
Is a chandelier, refrigerator or drapes fixtures or personal property? The status of an item is always negotiable in the context of a sale. If the owner would like to keep certain things, she should clearly state it in the Purchase and sale agreement. Ex) Rose bushes, hand carved light switches.
Lateral support
Is provided by neighboring land
Subjacent support
Is provided by the underlying earth
Method of attachment
Is the item attached to the realty in some way, and how? The less movable an item, the more likely it is a fixture. An item that's attached to real property by some enduring method, such as bolts, plaster, or cement is ordinarily a fixture.
The support received by a parcel of land from the property adjoining it is called ___________ support
Lateral support
The support received by a parcel of land from the property adjoining it is called:
Lateral support
Property that is bordered by a lake rather than a river or stream is called:
Littoral property
Fixtures
Man-made attachments are called fixtures. They are items that have been attached to real property in such a way that they have become part of it. All fixtures were once personal property. Lumber used to build a house is your personal property, it then becomes part of your real property. Ex) Houses, fences all attached to land are considered part of the real property.
Metes and bounds
Metes are measurements and bounds are boundaries. Oldest method still in use. Defined in terms of its boundary lines--monuments, courses, and distances are the elements used to define the boundary lines. The description must start at and return to a point of beginning.
Severance
Natural attachments can be sold separately from the land. This is sometimes referred to as severance from the real property. Ex) You could sell your standing timber to a logging company. It is treated as the buyer's personal property, even before being cut down.
Can the water of riparian or littoral rights be used anywhere other than the property itself?
No. It cannot be transported for use elsewhere. The law puts significant limitations on riparian and littoral rights.
Rule of capture
Oil and gas rights are governed by the rule of capture. This rule is meant to encourage production of oil and natural gas. Any oil and gas produced from wells on an owner's property becomes their personal property.
A section of land is equivalent to:
One square mile
Township lines
Parallel to Base lines, they divide the land into rows called township tiers. Defined by 6 miles by 6 miles--36 miles in area
Range lines
Parallel to Principle meridian lines, divide land into 6 miles wide
A home seller is telling his real estate agent that he rents the backup generator, it does not belong to him. The generator is considered.....
Personal property of the company that owns it. It belongs to the rental company.
The lot and block method of description is sometimes called the:
Plat map method. Property described by this method is often called platted property. Before starting to sell individual lots, the developers record the plat map in the county where the subdivision is located.
Inverted pyramid
Real property consists of an inverted pyramid (diamond shaped) where the tip is toward the Earth's core and the larger portion is the house and lawn. Also owns air above property but cannot interfere with aircrafts
Appurtenance
Real property ownership contains appurtenances It is something that goes along with the real property but is not necessarily a physical part of the property. Some can be sold separate from the real property while others cannot. Ex) Minerals in the ground, right to sunlight or unobstructed view Air and mineral rights can be sold separately
Property adjacent to a stream or river is called:
Riparian property
Leasing property
Selling property for a period of use; rent
Mineral rights associated with real property are always
Separable and divisible
Doctrine of emblements
Special legal document that pertains to crops. If a lease terminates through no fault of the tenant, the tenant can return to the land to harvest only the first crop that matures. Emblements are crops produced annually by human labor.
The best description of the boundary lines for a property found in a subdivision would be found on:
Subdivided property is usually described in deeds and purchase and sale agreements by reference to a map of the subdivision and a particular lot. The map, known as a plat map, describes the boundaries of the lot and is prepared by a surveyor.
The support provided to the surface by the underlying earth is called:
Subjacent support
Subsurface vs. surface water
Surface water may be a channel or a basin, or run-off flood water. Subsurface water commonly called GROUND WATER runs in underground channels.
Intention test
The intention test carries a lot of weight in a lawsuit. It refers to the original intention of the owner if they wanted the item to be permanent fixture or not.
A developer building on a tract of vacant land within city limits would be most likely to describe his individual lots using the:
The lot and block method of land description is commonly used when land is subdivided. The subdivision's lots and blocks are mapped out on a plat, which is then recorded in the county where the land is located.
Bundle of rights
The owner's bundle of rights includes the right to possess, use, enjoy, encumber, will, sell, or do nothing at all with her property.
If the application is granted, what can the permit holder do?
The permit holder will have the right to take or divert water from a particular source for a specified and beneficial use. The permit holder isn't required to own riparian or littoral land. It may also allow the appropriated water to be transported for use far from its source.
Government survey aka Rectangular survey system
The property is identified by its location in a particular section, township, and range on a US government survey map A government survey, or rectangular survey, description identifies the property by its position within a particular section, township, and range. The description must also include the name of the principal meridian.
Adaptation test
The question is whether the item was specifically designed or adapted for the realty in some way. Ex) Pews in a church were carved to match the architecture of the church are a fixture, even though they are completely movable.
Mineral rights
The right to extract any solid minerals located within the property's inverted pyramid. Solid minerals like copper and coal are considered part of the real property until they are extracted from the ground. Once brought to the surface, solid minerals become personal property.
Support rights
These rights refer to the natural support provided to a piece of land by the surrounding land. A landowner has the right to lateral and subjacent support
Water rights
They are a critical issue in many parts of the country because water is so vital for farming, industry, and day-to-day living
Riparian rights system
They are tied to land ownership. Entitled to the right to use water that touches her/his land for domestic purposes such as: bathing, washing clothes, watering garden
Natural attachments
Things attached to the earth by roots, such as trees and shrubs. As a general rule, natural attachments are part of the real property. But in some cases, crops to be harvested are treated as personal property.
Attachments
Things that are attached to the land: natural or man made
Riparian water
This is flowing water. such as the water in a river, stream, or creek.
Littoral water
This is standing water, such as a pond, a lake, or even the ocean. The littoral owner owns only the land above the mean high tide mark; the land below the high tide line is public.
Lot and block method
This is the standard method for describing property in towns and cities. This is because of the way property is developed and because the individual pieces of property tend to be small. Property on subdivided land is identified by its lot and block numbers as shown on the plat map that the developer recorded. Nearly all properties in developed areas can be described with the lot and block method.
The intersection of a range and a township tier in the government survey system is called a:
Township
Prior appropriation system
Under the prior appropriation system, someone who wants to use water from a river, lake, or other source must apply to the state for an appropriation permit. They must apply for a permit even if she owns land beside the water source. The prior appropriation system has largely replaced the riparian rights system in WA.
This test inquires whether an item was installed by a land owner or a tenant
Under the relationship test, if an item is installed by the land owner it is real property, if installed by the tenant it is personal property
Describing properties such as condominium units:
must include the property's elevation as well. Descriptions of this type make reference to an established plane of elevation, called a datum.
