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Washington Real Estate Basics Laws
and Observations Lesson 1 A Graded
Exam.
Subsurface water - Correct Ans: ✅Ground water, runs in underground channels or collects in porous underground layers.
riparian rights - Correct Ans: ✅Tied to land ownership. A land owner has the right to use the water that touches your property. Doesn't count in anywhere anywhere where water is in high demand or low.
a property owner has the right to take water for domestic purposes from a source that touches his land.
The water may not be used on a location other than the riparian property.
Riparian water - Correct Ans: ✅flowing water- river stream or creek
Littoral water - Correct Ans: ✅standing water- a pond, a lake, or even the ocean. The littoral owner owns only the land above the mean high tide mark; the land below the high tide line is public.
However, under the riparian rights system, an owner of littoral land has essentially the same water rights as an owner of riparian land.
Prior appropriation system - Correct Ans: ✅Someone who wants to use water from a river, lake, or other source must apply to the state for an appropriation permit.
-Largely replaced the riparian rights system in Washington.
Under the prior appropriation system, someone who wants to take water from a water source must obtain a permit from the state, even if she owns land beside the water source.
Mineral Rights - Correct Ans: ✅The right to extract any solid minerals located within the property's inverted pyramid. Once brought to the surface, solid minerals become personal property. Non-solid minersal- Oil and natural gas fall under the rule of capture.
-Solid minerals are part of the real property until they are extracted.
A landowner has the right to extract the solid minerals that lie within his property's inverted pyramid.
Mineral rights may be sold separately from the land.
Rule of Capture. - Correct Ans: ✅Any oil or gas that are captured become that person personal property of the landowner. Even if it comes from neighboring properties.
-Oil and gas rights are governed by the rule of capture.
The rights and privileges associated with land ownership are
considered part of the real property. - Correct Ans: ✅True
When property is sold, everything considered part of the real property is transferred to the buyer, unless otherwise agreed. -
Correct Ans: ✅True
A landowner cannot sell any of the bundle of rights separately from
the land. - Correct Ans: ✅False
The only component of real property is the land. - Correct Ans:
✅False
Rights-of-way, easements, and water rights are classified as
_______________. - Correct Ans: ✅appurtenances
To establish _______________ water rights, one must apply to the
state government for a permit. - Correct Ans: ✅Prior appropriation system
The support received by a parcel of land from the property adjoining
it is called _______________ support. - Correct Ans: ✅lateral.
Property adjacent to a stream or river is called _______________
property. - Correct Ans: ✅riparian.
Water beneath the surface of the earth is called _______________
water. - Correct Ans: ✅ground
Property that is bordered by a lake rather than a river or stream is
called _______________ property. - Correct Ans: ✅littoral
The support provided to the surface by the underlying earth is called
_______________ support. - Correct Ans: ✅Subjacent.
Attachments - Correct Ans: ✅are things that are permanently attached to the land. Natural or manmade
Natural attachments - Correct Ans: ✅are things attached to the earth by roots, such as trees and shrubs.
The trees in the corner of your yard are natural attachments.
-include plants that grow spontaneously, without the help of humans, and also plantings cultivated by people.
Doctrine of emblements - Correct Ans: ✅The doctrine applies when agricultural land has been leased to a tenant farmer.
The doctrine applies when agricultural land has been leased to a tenant farmer.
Under the doctrine of emblements, if the lease terminates (through no fault of the tenant) before a crop is mature, the tenant has the right to re-enter the land later to harvest the crop.
The judge will look for evidence indicating whether the item was installed with the intention of making it a permanent part of the structure.
If so, the judge will usually rule that the item is a fixture.
Relationship test - Correct Ans: ✅The relationship test can be seen as another way of establishing the intention of the person who installed the item, or arranged to have it installed. It refers to that person's relationship to the real property at the time of the installation.
Did he own the property, or was he just a tenant?
-it's assumed that tenants intend to take their belongings with them when they move, even if the items were attached to the realty during the tenancy.
Trade Fixtures - Correct Ans: ✅Equipment and other items that a commercial tenant installs to carry on a business
-aren't considered part of the real property, no matter how they're attached.
Manufactured Homes - Correct Ans: ✅-includes both mobile homes and the modern manufactured home.
-A manufactured home is assembled at a factory and transported to the dwelling site, rather than constructed on the site.
- is personal property and subjected to registration similar to motor vehicles
Title Elimination - Correct Ans: ✅Eliminates the vehicle title making the home a fixture and part of the real property where it is located
Mobile home - Correct Ans: ✅is still personal property
- no real estate license is required
- need a mobile home dealer's licnese
- sale is subjected to sales tax
An article that was once personal property but has been
incorporated into real estate. - Correct Ans: ✅Fixture
This test inquires whether an item was installed by a land owner or a
tenant. - Correct Ans: ✅Relationship test
Absent a written agreement, when a court is trying to decide whether a disputed item is real or personal property, this is usually
the most important consideration. - Correct Ans: ✅Intention Test
Trees, bushes, crops, and other plants growing on land. - Correct
Ans: ✅natural attachments
Articles of personal property affixed to leased land by a commercial
tenant. - Correct Ans: ✅Trade fixtures
- A monument marks a fixed point. It may be a natural object, such as a tree or a boulder, or it may be man-made, such as a survey marker or the centerline of a road.
- Will determine how far aaway form North and South (whichever is closer)
- must give distance for each boundary
-After stating the point of beginning, a metes and bounds description gives the course (direction) and distance for each leg of the boundary, until it has described the full circuit and arrived back at the point of beginning.
The government survey system, also called the rectangular survey
system - Correct Ans: ✅-is made up of a series of very large survey grids covering much of the United States, including Washington State.
-has principal Meridian line and base line
Principal Meridian - Correct Ans: ✅Is the main North-South line in the grid
-have a name
Base line - Correct Ans: ✅Main East-West line
Range Lines - Correct Ans: ✅North-South line
- each line is six miles wide
On each grid, there are grid lines running parallel to the principal meridian and to the base line at intervals of six miles.
Township Lines - Correct Ans: ✅Divide land into row called township tiers
East- west lines
Townships - Correct Ans: ✅-Each individual square (where a township tier intersects with a range)
6mile by 6 miles = 36 miles total
- identified by its position in relation to the base line and the principal meridian.
Sections - Correct Ans: ✅Township is divided into 36 Sections (one square mile each)
- each section is 640 acres (An acre contains 43,560 square feet; a square acre measures 208.7 feet by 208.7 feet.)
-starts in the upper right corner and moves to left then goes back and forth
- owner's property is only a part of a section, so it's described in terms of fractions of a sectoin
(quarter-quarter)
Government Lots - Correct Ans: ✅-Although a section ordinarily measures one mile on each side, it isn't always possible to survey a perfect section.
A metes and bounds legal description identifies a property by
specifying the boundaries of the parcel. - Correct Ans: ✅True
Another name for the rectangular survey system is the geometrical
survey system. - Correct Ans: ✅False
A section of land consists of thirty-six townships. - Correct Ans:
✅False
The plat map method of land description is frequently referred to as
the lot and block method. - Correct Ans: ✅True
In the government survey system, a section of land that is not exactly
one mile square is called a government lot. - Correct Ans: ✅True
A metes and bounds description includes a point of beginning and a
series of courses and distances. - Correct Ans: ✅True
Once a plat map has been recorded, a lot within the subdivision can be described by its lot and block number, the name of the
subdivision, and the county or city. - Correct Ans: ✅True
In the government survey system, the main north-south line in a
particular grid is called the base line. - Correct Ans: ✅False
The intersection of a range and a township tier in the government
survey system is called a township. - Correct Ans: ✅True
Real Property - Correct Ans: ✅(Reality) Land, anything attached or affixed to the land
is defined as land, anything attached or affixed to the land, and anything incidental or appurtenant to the land.
Real property is also referred to as "realty."
Personal Property - Correct Ans: ✅(Personality) Everything that is not the land or permanently attached or appurtenant to land. It is moveable.
is defined as anything that isn't real property—anything that is not land, attached to the land, or appurtenant to the land.
Personal property may also be called "chattels" or "personalty.
Owner's Bundle of Rights - Correct Ans: ✅Includes right to possess, use, enjoy, encumber, will, sell, or do nothing at all with their property. (think of bundle of sticks).. The bundle can be broken and sold seperately.
Inverted Pyramid - Correct Ans: ✅Ownership rights include everything in the imaginary inverted pyramid with its tip at the center of the earth, and its base in the upper regions of the sky.
