Texas Real Estate Exam (National) (From Pearson VUE and &
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real property
the tangible real estate and intangible rights associated with the
ownership of real estate
-transfers by deed or will
personal property
a right or interest in things of a temporary or movable nature; anything
not classed as real property (chattel, personalty)
-transfers by a bill of state
fixture
personal property that has been attached in such a way as to make it
real property
-"installed" often indicates permanent attachment
-annexation: the process of attaching
-severed: real property becoming personal property
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trade fixture
objects affixed to leased property that are owned by and necessary for
the tenant's trade or business
-accession: acquiring property if trade fixtures are not removed prior to
the termination of the lease
physical characteristics of land (DUI)
-durability
-uniqueness
-immobility
economic characteristics of land (SAFE)
-situs
-alteration
-fixity
-economic scarcity
encumbrance
any claim or liability attached to real property that may lessen the
owner's bundle of rights or the value of the property
-lien, claim, liability, judgment, encroachment, lease, easement, deed
restriction, etc.
-release is the best way to get rid of it
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lien
a charge against property as security for a debt
voluntary lien
when a person takes actions that places a lien on his or her own property
-example: taking out a mortgage or home improvement loan
involuntary lien
property owner doesn't take any action to initiate them
-created by law
-can be statutory or equitable
-statutory: federal tax liens, ad valorem tax liens, judgement liens
-equitable: arise out of common law and include seller (vendor) or
buyer (vendee) liens
encroachment
a physical intrusion on someone else's property without direct permission
deed restrictions (CC&R's)
sets limits on how the property may be used by the owner (covenants,
conditions, & restrictions)
-created by the grantor
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easement
a right to use part or all of another individual's land or property for a
specific purpose and length of time
estate
an interest in real property
freehold estate
the property owner has actual ownership and possession of the land,
which lasts for an unspecified period of time
statutory estate
created by law
-community property & homestead in Texas
forms of ownership
-individual ownership
-co-ownership
-held in trust
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