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Immobility, indestructible, unique or non-homogeneous
Physical characteristic
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Scarcity, improvement, permanence of investment, situs
Economic characteristics
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Area preference, favorable site, preferred location
Situs
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Prm, pob, distance between monuments
Metes & bounds
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Baselines & principal meridians
Rectangular survey
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How to determine the number of acres in a rectangular survey
Multiply denominators and divide by 640 acres
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Township has how many miles, sections, acres & square feet
36 miles, 36 sections, 640 acres (more or less), 43,560 square feet
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Charge, claim or liability attached & binding on real estate
Encumbrance
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Specific property, special assessment
Specific lien
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Judgement or court decree (all debtors property)
General lien
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Right of one to use the land of another
Easement
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Tract over which easement runs
Serving tenement
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Tract that benefits from easement
Dominant tenement
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Personal interest or utility
Easement in gross
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No other way to street
Easement by necessity
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Claimant of continuous use for 5-20 years
Easement by prescription
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"Right of way" across someone else's property ("in addition to", run with the land") non-contiguous
Easement by appurtenances
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Park in driveway or hunting
License
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Illegal extension of building
Encroachment
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King or gov't holds title allowing teen ants to live there
Feudal
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Individual holds land free and clear of rent or govt
Allodial
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Owner dies & leaves no heirs and gov't becomes owner
Escheat
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Indeterminable length (lifetime or forever)
Freehold estate
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Highest, all rights, indefinite period, inheritable by heirs
Fee simple
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Indefinite period, inheritable, extinguished on designated event, revert to original grantor
Defensible fee
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Duration to life, no inheritance, estate our Autry vie, entitle to possession, remainder interest, reversion interest
Life estate
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Upon death, if no remainder, will go back to original fee simple owner or their heirs if dead
Reversion army interest
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Time ownership, not answerable to remainderman, enjoy but cannot encroach, may not commit waste, entitled to possession, income and profits, life interest may be sold, mortgaged or gifted
Life tenant
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Upon death of wife
Curtesy
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Upon death of husband
Dower
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Right not yet perfected
Enchoate
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Tract of land owned and occupied as family home, exempt from judgement for unsecured debts
Homestead
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Use of another's property without their permission (30 year old garage 6 inches over), visual, hostile, exclusive and continuous
Adverse possession
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Ownership by natural person
Freehold estate
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Each holds and individual undivided interest, each can sell, convey, mortgage or transfer, upon death passes to heirs, May partition land
Tenancy in common
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Owners have right of survivorship, needs title, time, interest and possession to be valid, termination results from destruction of any 4 units, May partition land
Joint tenancy
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Must be husband and wife, right of survivorship, title may be conveyed or encumbered by deed signed by both, no right of partition
Tenancy by entirety
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1.Husband and wife may have sole ownership or separate or individual property if owned solely before marriage or acquired by gift or inheritance after marriage
2. Spouse equal partners of property acquired after marriage
3. Upon ones death, survivor owns 1/2 other willed
4. Ante nuptial agmt so preserving separate ownership
Community (marital) property
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Owned by 3rd person benefit another, owned by business organization, 2 or more to create and operate a real estate investment, REITS
Trust
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Definite period of time terminated by either party
Tenancy for years
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(Periodic) indefinite period, no specific date, terminated by either party
Tenancy for year to year
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Tenant right to possession, indefinite period, terminated by either notice or death
Tenancy at will
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(Holdover) - tenant continues to hold possession without landlord consent
Tenancy at sufferance
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Acquiring title to additions or improvements
Accession
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Soil deposited by natural force of water
Accression
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Soil increase by deposit from accretion
Alluvion
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Property of debtor in custody if law and held as security pending disposition of creditor
Attachment
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Permanent metal marker in cement
Benchmark
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Horizontal plane from which elevations are measured
Datum
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Gradual washing away of soil by flowing water or soil
Erosion
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Legally allowed necessities
Estovers
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No monetary value
Good consideration
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Not yet perfected
Enchoate
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Court doctrine bars legal claim because of undue delay to assert the claim
Laches
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Action pending
Los pendens
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Transfer of rights under contract from one party to another
Novation
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No prior agreement can change terms of contract
Parole evidence rule
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