REE 3433 Exam 1 ucf
3 keys to a fixture: - ANS-annexation, adaptation, intention
Action: - ANS-a proceeding in a court of law in which one seeks a remedy for an alleged
wrong.
Ad coelum - ANS-a person owns the space above her real estate to the extent that no
one may acquire a right to such airspace that will limit the owners enjoyment of it. This
doctrine has been rejected by most courts.
Adaptation test: - ANS-a test for determining whether personal property has become
united with real property by its adaptation to the use and purpose of the real property.
Administrative Agency - ANS-a governmental body charged with administering and
implementing particular legislation.
Administrative Law: - ANS-the body of law created by administrative agencies in the
form of rules, regulations, orders, and decisions to carry out regulatory powers and
duties of such agencies
Affirmative easement: - ANS-an easement that confers rights to use land burdened by
the easement when the use would otherwise by illegal.
Agricultural fixtures: - ANS-articles placed in or attached to farm buildings and land for
purposes of farming.
Air rights - ANS-the legal interest in the vertical dimension of property.
Alienated - ANS-an easement is "alienated" when it is transferred from one person to
another.
Annexation test: - ANS-a key fixture test that is met when personal property is in fact
annexed, fixed, or fastened onto the real property.
Answer - ANS-a pleading responding to the plaintiffs claim set forth in the complaint
Apportioned: - ANS-an easement is "apportioned" when its use is divided or distributed
consistent with the subdivision of the dominant tenement.
, Arbitration: - ANS-the submission of a dispute to and impartial third party; both parties
generally agree in advance to abide by the arbitrators decision.
Assembled industrial plant doctrine: - ANS-a doctrine that provides that plant machinery,
even though not actually annexed, is constructively annexed onto real property.
Attachment of the security interest - ANS-the process by which a secured party acquires
a security interest in personal property or a fixture.
Bill of sale: - ANS-a written agreement in which one person transfers his interest in
personal property to another.
Bonus money: - ANS-cash paid to the lessor as a consideration for the execution of an
oil and gas lease.
Capture doctrine: - ANS-a doctrine that states that property owners have the right to
appropriate all oil, and gas from their land, including oil and gas that has migrated from
neighboring properties.
Citation - ANS-information that enables researchers to find the volume and pages
where cases are published
Civil law rule: - ANS-a water law rule prohibiting landowners from altering or diverting
the natural flow of diffused surface water.
Collateral: - ANS-property that is pledged as security for the satisfaction of a debt.
Addition security for performance of principal obligation
Commerce clause: - ANS-a provision in Article I, section 8 of the U.S. constitution giving
congress the power to regulate interstate commerce.
Common enemy rule: - ANS-rule from the common law allowing landowners the right to
take whatever measures necessary to protect and divert diffused surface water from
their property.
Common Law - ANS-the legal system originating in England after 1066. Judge-made
law created when there is no controlling constitutional, statutory, or other law.
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