What kind of rights does an adjoining property owner to a river stream or natural lake have quizlet? Chi Tiết

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  • What are the water rights that allow the property owner next to a flowing stream to use water as long as there is some left for people downstream?

  • Which of these is an example of an economic characteristic of land quizlet?

  • What is the simple definition of real estate quizlet?

  • What does the economic characteristic of area preference refer to quizlet?


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Waterway that is not navigable-in-fact is the private property of the adjacent landowner.


Waterway that is navigable-in-fact is a public highway even if it crosses private land but the public use is for purposes of transport, travel, and uses that are strictly incidental to navigation.


Navigability means practical utility to the public as a means for transportation, for trade or travel – so, if it is a navigable river, you should have your right to float logs, etc.

without interference from landowner who owns land on either side of the waterway. The landowner cannot object to you floating over the waters.





A woman rents space in a commercial building where she operates a bookstore. In the bookstore, she has installed large reading tables fastened to the walls and bookshelves that create aisles from the front of the store to the back. These shelves are bolted to both the ceiling and the floor. Which of the following BESTcharacterizes the contents of the bookstore?


A. Because the women is a tenant, the shelves and tables are fixtures and may not be removed except with the building

owner’s permission.


B. The shelves and tables are trade fixtures and may properly be removed by the woman before her lease expires, and the tenant would be responsible to the landlord for any damage that their removal caused to the premises.


C. The shelves and tables are trade fixtures and will transfer when the property owner sells the building.


D. Because the shelves and tables are attached to the building, they are treated the same as other fixtures.







-The Total Circumstances Test is a legal test applied by the courts to determine whether an item is a fixture (and, therefore, part of the real property) or personal property. All four parts of the test must be applied, but “INTENTION” is the “major part of the test”. These four tests are easy to remember by using the acronym “IRMA”:


1- Intention of the Annexor (MOST IMPORTANT): Did the person who installed the item intend it to remain permanently or be removable? (The courts

look at objective evidence of the party’s intent, not the party’s subjective intent. In other words, the courts look at the facts surrounding the situation and determine what a reasonable person would have intended by them.)


2- Relationship of the Annexor: Is the person making the attachment an owner or a tenant? It is presumed that an owner intends a permanent attachment (the item becomes a fixture), while a tenant intends a temporary attachment (the item remains personal property). The

greater the legal relationship the Annexor has to the real property, the greater the likelihood the item will be declared a fixture.


3- Method of Annexation: How permanently was the item attached? Can it be removed without causing damage? To what degree has there been customization of the space around the item? For example, built in refrigerators and microwave ovens are often surrounded by cabinetry, making them more likely to be considered a fixture.


4- Adaptation to Real Estate:

Has either the item or the property been tailored to facilitate working together? Has it been customized or built in to the property? For example, if a gas station owner sells his business, it would be the buyer’s expectation that the underground gas storage tanks would remain with the property since the tanks are necessary for the business to function.
-Read Page 26





pertaining to something that attaches.


In real property law this describes any right or restriction which goes with that property, such as an easement to gain access across the neighbor’s parcel, or a covenant (agreement) against blocking the neighbor’s view.


An appurtenance is a real property, which has been defined as being immovable or fixed to the land. …


More examples of appurtenances include in-ground swimming pools, a fence, or a shed that are all fixed

to the land. The term can also be used to describe the acreage behind a home





What are the water rights that allow the property owner next to a flowing stream to use water as long as there is some left for people downstream?


Riparian rights are a type of water rights awarded to landowners whose property is located along flowing bodies of water, such as rivers or streams. Landowners typically have the right to use the water as long as such use does not harm upstream or downstream neighbors.

Which of these is an example of an economic characteristic of land quizlet?


Which of these is an example of an economic characteristic of land? D. The answer is – scarcity. Immobility, indestructibility, and uniqueness are physical characteristics, while scarcity is an economic characteristic.

What is the simple definition of real estate quizlet?


Real estate is property traded between owners and buyers for money. Real estate is that it is air, water, land, and everything affixed to the land. Real estate is any building affixed to land owned by an individual.

What does the economic characteristic of area preference refer to quizlet?


Area preference, or situs (“to place”), is commonly referred to as “location, location, location.” This economic characteristic refers not only to geography but also to people’s preference for a specific area. Area preference is based on several factors, such as convenience, reputation, and history.

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