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Utah Real Estate Class Arti Study Guide.
Chapter 1
Affixed - answer✔Typically in reference to mineral, water, or surface rights, resources that go
with the property are affixed.
Annexation - answer✔The process of personal property becoming real property. With reference
to subsurface rights, annexation is adding water or mineral rights to the property. Legal tests
include method of annexation, adaptability, relationship of the parties.
Appurtenance - answer✔Something that comes with real property. Water or a well, or an
easement could be an appurtenance.
Bundle of Rights - answer✔Right of Possession, Right of Use, Right of Exclusion, Right of
Disposition.
Concept: owners of real property have certain rights. Others are reserved to the government or
other owners. The bundle includes the right of possession, right of use, right of quiet enjoyment,
right of exclusion, right of disposition.
Chattel - answer✔Another name for personal property, or personalty.
Easement - answer✔The right to use or access another property.
Emblements - answer✔Something that can be severed or removed from the property.
Fixture - answer✔Anything that is actually fastened to the real property. Fixtures become part of
the real property.
Hypothecation - answer✔The ability to pledge my property as collateral in exchange for a loan.
Improvement - answer✔Anything that has been built on the real property.
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Legal Description - answer✔The way real property is described. Includes metes and bounds,
rectangular survey (for government survey), and lot and block (or subdivision method).
Concept:
Understanding how metes and bounds, rectangular (or government survey), and lot and block (or
subdivision method) legal descriptions are used is critical to accurately describing property that
is to be transferred.
Personal Property - answer✔Anything that is not attached or made part of the structure itself.
Also called chattel or personality.
Concept: Also known as chattel or personality, personal property are those things that are owned
that are not attached to the land. They can be moved from place to place. Once emblements are
removed from the real property, they become personal property. Anything that was attached to
the real property that is severed becomes personal property. Anything that is owned but not
attached or affixed to real property is personal property.
Personalty - answer✔Another name for personal property
Real Estate - answer✔Another term for real property. (land, improvements, permanent
attachments, also referred to as real estate).
Real Property - answer✔Land, improvements, and permanent attachments. Also referred to as
real estate.
Severance - answer✔Removing a part of real property that then becomes personal property
Situs - answer✔Another name for a location
Concept: Characteristics of real property - answer✔Economic characteristics include scarcity,
improvements, permanence of investment, location (situs). Physical characteristics include
immobility, indestructibility, and uniqueness.
Chapter 2 - answer✔
Curtsey - answer✔A life estate of a husband in the real estate of his deceased wife. Dower refers
to the portion to which a surviving wife is permitted. Nevertheless, cutesy discusses to what a
man may claim. These amounts varied in the number of states.
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Dower - answer✔A life estate of a wife in the real estate of her deceased husband. Dower refers
to the portion to which a surviving wife is permitted. Nevertheless, curtsey discusses what a man
may claim. These amounts vary depending on the states. Under certain circumstance, a living
spouse may not be able to sell or convey property that is subject to the other spouses dower,
cutesy or statutory share rights.
Estate at will - answer✔Also known as tenancy at will. An estate in which a person holds or
occupies real estate with permission of the owner for an unspecified or uncertain period of time.
Fee simple defeasible - answer✔the is the highest form of ownership in real estate. This provides
the complete bundle of rights. also called fee title or fee simple title. A fee defeasible is a fee
simple that could end with the violation of a condition. If the conditions are never violated, the
property will be owned open endedly
Homestead - answer✔An Exemption issued on a part of your property that provides protection
from judgments and creditors for the duration of life. Exemptions are mortgage and real estate
taxes
Legal life estate - answer✔Concept of life estate established by law. Not typically found in Utah
where it has been replaced with the uniform probate code (probate).
Life tenant - answer✔A holder of Life Estate. In legal terms, it is an estate in real property that
ends at death. When the ownership of the property may revert to the original owner, or it may
pass to another person.
Pur autre vie - answer✔The interest in the property is reliant on the life expectancy of another
person who is not on the deed. Upon completion, property reverts to the remainderman. In
property law of the US and Canadian provinces, its duration of a property interest.
Reversion right - answer✔A limiting condition written providing recourse of the property back
to the previous owner without the need for legal action.
Deed - answer✔A legal document regarding the ownership of one's property rights. When you
buy or sell property, a deed is recorded that authorizes the transfer of ownership from one party
to another. The deed is an essential legal instrument. Failing to maintain a deed can cause
problems for the heirs if the original owner passes away
Estate in land - answer✔A specifically defined ownership in real estate allowing for both
possession AND time. Not all real estate interests are estates, but it is most common. An estate
includes a present or future right to ownership and/or possession of real property.
Freehold estate - answer✔The exclusive right to use and enjoy a parcel of land. Land is held one
of two ways, either Fee Simple, or as a Life Estate. There are two characteristics that are
essential in fee hold estates: immobility and indeterminate duration.
