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Title: Principles of Real Estate

Description: Texas - Property, Estates & Ownership - 01

Total Flash Cards: 9

Created: 02/19/2009 17:20:02

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Cards in this set:

Term

The Term "property" refers to:

 

a. the rights or interests in the thing owned.

b. a freehold estate

c. personal property only

d. land and buildings only

 

Definition

Answer:  A

the rights or interests in the thing owned

 

Property refers to the bundle of rights or interests a person has in the thing owned

Term

Which of the following is considered real property?

 

A. Lumber

B. Airspace above the land

C. Unharvested crops under a prior sales contract.

D. Landfill soil being hauled

Definition

Answer: B

Land includes the surface and the space above and beneath for an indefinite distance is included with land.  Lumber, crops, and landfill soil are movable personal property.

Term

Which of the following is considered personal property?

 

A. Mineral rights

B. Leasehold estates

C. Unharvested crops under a prior sales contract

D. Landfill soil being hauled

Definition

Answer: B

Leasehold Estates is concered personal property.

    Mineral rights, improvements to land, and trees growing in a forst are real property.  A leasehold estate, also known as a less-than-freehold estate, is a personal property of the tenant.

Term

Which of the following is considered personal property?

A. Improvements

B. Apple Trees

C. Emblements

D. Trees growing in a natural forest

Definition

Answer: C

The fruit (apples) from orchards in a commercial grove & crops, which are grown & cultivated annualy for sale, are called emblements. Emblements, or fructus industriales, are crops produced by human labor such as lettuce, grapes, fruits, nuts, wheat, corn, cotton, etc. Emblements, the crops are the personal property, not the trees or plants on which they grow.

Term

The highest quality & quanity of ownership in real property is:

A. determinable fee

B. allodial ownership

C. life estate

D. fee simple

Definition

The Answer: D

 

Ownership in fee simple or fee simple absolute conveys the highest quanity and quality of ownership in the property.

Term

Which test is not a general test of a fixture?

 

A. Method of attachment

B. Time of attachment

C. Adaptability of the item

D. Intention of the parties

Definition

Answer: B

 

The test to determine a fixture are adaptation and agreement of the parties, intention of the parties, and method of attachement.

Term

Which of the following is a less-than-freehold estate?

 

A. Life estate

B. Estate of Inheritance

C. Estate for years

D. Estate in remainder

Definition

Answer: C

An estate for years is one of the four types of less-than-freehold estates.  They are: (1) estate for years, (2) estate from period to period (3) estate at will, and (4) estate at sufferance. Choices (a),(b), and (d) are freehold estates.

Term

An uncle left his nephew 2/3 interest & left his nephew's wife 1/3 interest in real property jointly and without the right of survivorship.  The nephew and his wife will the assume title to an estate that is classfied:

 

A:  community property

B.   joint tenancy

C.   tenancy in common

D.   sole ownership

Definition

Answer:  C

Tenancy In Common - would be created

 

It is not community property because the interests are unequal.  Joint tenancy is impossible due to the unequal interest and lack of surviorship.  two or more owners can not create sole ownership.  A tenancy in common would be created. 

Term

Ownership in severalty would most likely involve:

 

A. a fee simple defeasible estate

B. tenancy in common

C. ownership with other parties

D. sole ownership

Definition

Answer: D

Severalty means you are servered from other owners

Property owned by one person or enity is known as sole and separate, or ownership in severality.  Severalty means you are servered from other owners.

 



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