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Vocabulary practice flashcards covering real property rights, land characteristics, liens, easements, and measurements for the Ohio Real Estate exam.
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Real Property
Land + anything permanently attached to it.
Personal Property
Anything movable and not attached to land.
Appurtenance
Something attached to or belonging to the land that transfers with it.
Appurtenances Examples
Fixtures, improvements, water rights, air rights, mineral rights.
Surface Rights
The right to use the surface of the land.
Air Rights
The right to use the space above the land.
Subsurface/Mineral Rights
The right to minerals and resources below the land.
Water Rights
The legal right to use water on or next to property.
Riparian Rights
Rights to flowing water like rivers and streams.
Littoral Rights
Rights to standing water like lakes and oceans.
Doctrine of Prior Appropriation
"First in time, first in right" water rule used in arid states.
Economic Characteristics of Land
Scarcity, improvements, permanence of investment, location.
Physical Characteristics of Land
Immobility, indestructibility, uniqueness.
Fixture
Personal property that became real property because it was attached permanently.
Emblements
Annual crops treated as personal property.
Trade Fixture
Business equipment attached by a commercial tenant.
Attachment
When personal property becomes real property by being attached permanently.
Severance
When attached property is removed and becomes personal property again.
Bill of Sale
A document that transfers personal property.
Deed
A document that transfers real property.
Encumbrance
A claim, restriction, or liability attached to property.
Lien
A claim against property used to secure payment of a debt.
General Lien
A lien against a person and everything they own.
Specific Lien
A lien attached to one specific property.
Highest Priority Liens
Property tax liens and special assessments.
Easement
The right to use another person’s land for a specific purpose.
Easement Appurtenant
An easement involving two properties where one benefits from using the other.
Easement by Necessity
A court-created easement for landlocked property.
Easement by Prescription
An easement gained through long-term continuous use.
Encroachment
When a structure crosses onto another property without permission.
Deed Restrictions
Private rules limiting how property can be used.
CC&Rs
Covenants, Conditions, and Restrictions.
Legal Description
A detailed description identifying exact property boundaries.
3 Types of Legal Descriptions
Metes and bounds, recorded plat, rectangular government survey.
Metes and Bounds
A legal description using directions and distances.
Recorded Plat
A subdivision map dividing land into lots and blocks.
Township
A 6-mile by 6-mile square.
Sections in a Township
36 sections.
Acres in One Section
640 acres.
Square Feet in One Acre
43,560 square feet.
Survey
A measurement and map of property boundaries by a licensed surveyor.