Section 4: Land, Real Estate, and Real
Property in Texas
Land - ANS Defined as the earth's surface extending downward to the center of the earth and
upward to infinity, including permanently attached natural objects
Real Estate - ANS Includes everything in the definition of land, plus all things permanently
attached to it naturally or artificially.
Artificial attachments are called-improvements and include things such as fencing, buildings,
and walkways
Real Property - ANS -Sometimes referred to as "land, tenements, and hereditaments"
-includes real estate plus the interests, benefits, and rights automatically included with real
estate ownership
What are those interests, benefits, and rights? - ANS -Possession
-Enjoyment
-Exclusion
-Control
-Disposition
Possession - ANS The right to occupy the property
Enjoyment - ANS The right to possess the land without harassment or interference
Exclusion - ANS The right to refuse other interests in your property
Control - ANS The right to determine interest in the property for others
Disposition - ANS The right to determine how, when, and if the property is to be sold/transferred
Personal Property - ANS Defined as everything that is not real property
Property Ownership and the Bundle of Rights is the common term to explain the complexities of
property ownership rights. These include: - ANS -The right of possession (the property is owned
and may be possessed by the title holder)
-The right of control (the owner controls the use of the property)
-The right of exclusion (the right to decide who may or may not access the property)
-The right of enjoyment (the ability of the owner to use the property in any legal manner)
-The right of disposition (the right to sell or convey the property).
, Surface Rights - ANS the rights to use the surface of the earth- both land and water
Subsurface Rights - ANS Rights pertain to the right to use underground resources such as
natural gas and minerals
-sometimes called mineral rights
Air Rights - ANS involve the right to use the open space above buildings up to a height
established by law
Right of Profit - ANS The right to harvest timber, for instance, and sell it
Some of these rights may be separated from the land by the owner by transferring ownership or
an interest to another. For example, mineral rights can be separated from the property, or an
owner can mortgage the property, thereby transferring an interest to a mortgagee for the term of
the loan (this is known as the - ANS Mortgage right
Water Rights - ANS -Percolating
-Riparian
-Littoral
-Prior appropriation
Percolotating - ANS The right to draw water from underground resources (such as wells) for the
landowner's use.
-Nostalgia sets in as you walk to the water pump next to the barn.
Riparian - ANS The right to access and use rivers, streams, and other flowing bodies of water
adjacent to the property.
-Who knew the small creek flowing along the edge of your backyard would be the prime setting
for many hours of father/son bonding?
Littoral - ANS The right to access and use ponds, lakes, oceans, and other stationary bodies of
water bordering the property.
-There's no better way to spend a morning than sitting on your dock throwing a ball into the lake
for your yellow lab.
prior appropriation - ANS Back when the west was yet to be won, Sandra's family was the first
to find and use a pond, and they still have primary rights to it.
Identify which of the following are rights for real property owners. - ANS -Air
-Water
-Mineral
-Profit
-Mortgage
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