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Terms & Definitions

Chapter 1

TermDefinition
fructus industriales Crops planted and harvested each year considered personal property
appurtenant Anything tangible or intangible permanently attached to and conveying with real property from owner to owner associated with the phrase “runs with the land”
attachments Man-made additions to land such as driveways, fences, plumbing, houses, etc.
accession Acquisition of property
fixture Personal property that is permanently attached to and part of real property
metes and bounds Type of legal description used in Georgia in which one describes the outer property lines using compass directions and distances
riparian rights Water rights determining use/ownership by properties adjacent to rivers and streams
point of beginning/benchmark The definitive point at which a metes and bounds description begins
bill of sale Type of receipt in the transfer of personal property
chattel Legal term expressing any type of personal property
fructus naturales Naturally growing things such as shrubs, trees, grass etc. & considered real property
emblements Another term for Fructus Industriales
littoral rights Rights of real property adjacent to beaches and lakes
datum Base point at which horizontal measurements are begun - usually determined at sea level in NY Harbor
severance Process by which real property becomes personal property
government rectangular survey Grid system use to divide and legally describe real property utilizing existing latitude and longitude lines
chattel real Personal property related to real property such as lease and mortgages
doctrine of prior appropriation Water rights where ‘first in time is first in line’ during times of drought
air rights Rights attached to real property regarding use of space over property
bundle of rights Control, use, disposition & quiet enjoyment
closure Ending point of a metes and bounds legal description which must coincide with the POB
lateral support Property owner’s legal position to have land contours undisturbed by any actions taken on adjacent properties
monuments Marker (man-made or natural) at which one alters directions in a metes and bounds legal description
heterogeneity Physical characteristics of land that states no two pieces of land are identical
trade fixture Personal property physically attached to real property but legally attached to owner and not the building itself
law of capture Doctrine which allows property owner to extract certain resources from beneath property of adjacent owners
plat survey Map outlining layout of subdivision identifying dimensions of individual lots, roads, easements, utilities etc. created by developer and recorded with county
benchmark An clear, exact point in which to begin measurement often used as another word for Point of Beginning, or an artificial established height used in place of the official datum
base line Selected latitude line which forms the horizontal boundaries in rectangular survey
mobility Key characteristic of personal property
percolating water Water found beneath the surface of land
call Cardinal directions using degrees and minutes along with distances from one monument to the next
modification Determining the status of personal property as real or personal property based on how much of the building was altered in order for the piece of personal property to be attached to real property
correlative rights Right of property owners along water way to have ‘reasonable use’ of the water during times of drought or short supply
mineral rights Another term for sub-surface rights referring to resources found in the earth below the surface of property
agreement A consensus between two or more parties to do or not do something
navigable Able to be sailed on by ships and boats primarily in reference to commercial use
Created by: REPC
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