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Real Estate Law Test 1
1-Sources of Real Estate and 2-Land and Its Elements
21
Real Estate & Planning
Undergraduate 4
09/09/2009

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Cards

Term
Opinion
Definition
A decision with its accompanying reasons and legal principals
Term
reports
Definition
A book with significant opinions
Term
The Federal-Truth-in-Lending Act
Definition
compels the disclosure of interest rates in terms that ordinary consumers can understand
Term
Interstate Land Sales Act
Definition
requires disclosures that are intended to assist the unwary prospective buyer of vacant lots in making a purchase decision
Term
Land or Real Estate includes...
Definition
not only the ground but everything attached, over, and under
Term
Ownership States
Definition
landowner owns the oil beneath his land in much the same way the landowner owns coals or other minerals
Term
Law of Capture
Definition
landowner does not own the oil until it is pumped out of the ground
Term
Capture
Definition
a mineral owner who drills from one site will own all of the oil and gas produced even though some of the oil/gas has migrated from anothers land....BUT secondary methods of pumping cannot be used
Term
Elements of an Oil and Gas Lease
Definition

1. a cash bonus is paid to the lessor for granting the lease

2. a royalty is paid to the lessor if oil or gas is discovered

3. the lease is for a fixed term

4. the term can be extended if the lessee drills a well or pays delay rentals to compensate the lessor for the lessee's failrue to drill

Term
Unless Lease
Definition
The Oil and Gas lease will come due if no drilling takes place unless delay rentals are paid
Term
Drill or Pay Lease
Definition
requires the lessee to produce oil or to pay rent
Term
Producers 88
Definition

...the lessor would receive

1. 1/8th of the oil delivered to tanks or pipelines

2. quarterly payments of 1/8th of the value at the well of gas produced from an oil well

3. monthly payments of 1/8th of the value at the well gas produced from a well producing only gas

Term
The Oil and Gas lease requires the lessee
Definition

1. to bury pipelines below plow depth

2. not to drill nearer than 200 feet from a house or barn

3. pay crop damages if any from operations

Term
Working Interest
Definition
lessee's share of oil
Term
Three dimensions from the Merchandise Mart in Chicago case
Definition

1. Air lot

2. Column Lot

3. Caisson Lot

Term
Crooked-Hole Drilling
Definition
A and B are adjacent...B sinks an oil well angled under property A
Term
If someone is hurt while trespassing on your property, are you liable?
Definition
If you knew of a dangerous condition and did not warn or divert
Term
Chattel
Definition
an article of personal property, for example a car and is trnasferred by a bill of sale
Term
Real Estate is transferred by means of a ....
Definition
deed
Term
Fructus Naturales
Definition
trees, perennial bushes, grasses etc. which do not require annual cultivation are considered real estate
Term
Fructus Industriales
Definition
annual crops produced by labor, such as wheat, corn, and onions are considered personal property
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