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Real Estate Law

Chapter 1: Introduction to the Law of Real Property

TermDefinition
Adverse possession Method of acquiring ownership to real property by possession for a statutory time period.
Appropriation In regard to water law, doctrine stating that water belongs to the person who first makes beneficial use of it.
Color of title A form of adverse possession where the original possession of the property by a prescriber is based upon a written instrument such as a deed or court decree.
Conveyance The transfer of title or some or all of the ownership rights to real property from one person to another. A conveyance is usually by an instrument such as a deed, lease, or mortgage.
Deed Written document that transfers ownership of real property from one person to another.
Devise Transfer of real property by means of a last will and testament.
Estate at will Estate of real property the duration of which is for an indefinite period. An estate at will can be terminated at the will of the parties.
Estate for years Estate of real property the duration of which is for a definite period.
Fee simple Estate of real property with infinite duration and no restrictions on use.
Fee simple determinable Est of RP with potential infinite duration The ownership of a fee simple determinable is subject to a cond the breach of which can result in term of the est A fee simple determinable automatically expires on the nonoccurrence or occurrence of a cond
Fee simple on condition subsequent Estate of RP with pote infinite duration The ownership of a fee simple on cond sub is subject to a cond the breach of which can result in term of the est A fee simple on cond sub continues in existence until an action is brought to recover the property.
Fixture Item of personal property that becomes real property because of its attachment to the land or a building.
Inheritance Ability to acquire ownership to real property because of one’s kinship to a deceased property owner who dies without a will.
Life estate Estate of real property the duration of which is measured by the life or lives of one or more persons.
Possession Occupation of land evidenced by visible acts such as enclosure, cultivation, the construction of improvements, or the occupancy of existing improvements.
Real property Property that relates to land and those things that are more or less permanently attached to the land, such as homes, office buildings, and trees.
Riparian rights Rights of the owners of lands adjoining streams, rivers, and lakes relating to the water and its use.
Tacking The addition of possession periods by different adverse possessors.
Waste . Action or nonaction that causes a loss of value to real property
Will Legal document by which a person disposes of his or her property. A will takes effect on the death of the maker of the will.
Created by: susan.g
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