© 2008 by south-western, cengage learning chapter 3 chapter 3 charles j. jacobus thomas e. gillett

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© 2008 by South-Western, Cengage Learning Chapter 3 Chapter 3 Charles J. Jacobus Thomas E. Gillett

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© 2008 by South-Western, Cengage Learning Real Estate or Real Property Land and Improvements plus Rights Real Estate or Real Property

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Page 1: © 2008 by South-Western, Cengage Learning Chapter 3 Chapter 3 Charles J. Jacobus Thomas E. Gillett

© 2008 by South-Western, Cengage

Learning

Chapter 3Chapter 3

Charles J.Jacobus

Thomas E.Gillett

Page 2: © 2008 by South-Western, Cengage Learning Chapter 3 Chapter 3 Charles J. Jacobus Thomas E. Gillett

© 2008 by South-Western, Cengage Learning

Georgia Real Estate Georgia Real Estate An Introduction to the ProfessionAn Introduction to the Profession

Seventh EditionSeventh Edition

Chapter 3Chapter 3

Nature and Description Nature and Description of Real Estateof Real Estate

Page 3: © 2008 by South-Western, Cengage Learning Chapter 3 Chapter 3 Charles J. Jacobus Thomas E. Gillett

© 2008 by South-Western, Cengage

Learning

Real Estate or Real Property

Land and Improvements plus RightsLand and Improvements plus Rights

Real Estate or Real PropertyReal Estate or Real Property

Page 4: © 2008 by South-Western, Cengage Learning Chapter 3 Chapter 3 Charles J. Jacobus Thomas E. Gillett

© 2008 by South-Western, Cengage

Learning

Real Estate’s DimensionsReal Estate’s Dimensions

Land includes the surface of the earth, the sky above, and everything to the center of the earth.

Page 5: © 2008 by South-Western, Cengage Learning Chapter 3 Chapter 3 Charles J. Jacobus Thomas E. Gillett

© 2008 by South-Western, Cengage

Learning

Land

ImprovementsAppurtenances

Personal PropertyAKA: ChattelBill of Sale

Page 6: © 2008 by South-Western, Cengage Learning Chapter 3 Chapter 3 Charles J. Jacobus Thomas E. Gillett

© 2008 by South-Western, Cengage

Learning

IndestructibilityIndestructibility

ImmovableImmovable

NonhomogeneityNonhomogeneity

Physical Characteristic of LandPhysical Characteristic of Land

Page 7: © 2008 by South-Western, Cengage Learning Chapter 3 Chapter 3 Charles J. Jacobus Thomas E. Gillett

© 2008 by South-Western, Cengage

Learning

Economic Characteristics of LandEconomic Characteristics of Land

Scarcity

Modification

Fixity

Situs

Page 8: © 2008 by South-Western, Cengage Learning Chapter 3 Chapter 3 Charles J. Jacobus Thomas E. Gillett

© 2008 by South-Western, Cengage

Learning

FixturesFixtures

Tests to determine a FixtureMMA A R R IIAA

odificationttachmentelationship of the parties

ntention of the annexing partygreement

Page 9: © 2008 by South-Western, Cengage Learning Chapter 3 Chapter 3 Charles J. Jacobus Thomas E. Gillett

© 2008 by South-Western, Cengage

Learning

FixturesFixtures

Prior Liens Against Fixtures

Ownership of Plants, Trees, & CropsEmblements – Annually cultivated crops

Page 10: © 2008 by South-Western, Cengage Learning Chapter 3 Chapter 3 Charles J. Jacobus Thomas E. Gillett

© 2008 by South-Western, Cengage

Learning

Water RightsWater Rights

Riparian RightsDoctrine of Prior AppropriationLittoral RightsDoctrine of CapturePercolating WaterWater Table – Groundwater Level

Page 11: © 2008 by South-Western, Cengage Learning Chapter 3 Chapter 3 Charles J. Jacobus Thomas E. Gillett

© 2008 by South-Western, Cengage

Learning

Land DescriptionsLand Descriptions

Legal DescriptionsMetes & BoundsRectangular Survey SystemRecorded PlatReference to Documents other than MapsInformal Reference - addressAssessor’s Parcel Number

Page 12: © 2008 by South-Western, Cengage Learning Chapter 3 Chapter 3 Charles J. Jacobus Thomas E. Gillett

© 2008 by South-Western, Cengage

Learning

Metes and BoundsMetes and Bounds

Page 13: © 2008 by South-Western, Cengage Learning Chapter 3 Chapter 3 Charles J. Jacobus Thomas E. Gillett

© 2008 by South-Western, Cengage

Learning

Compass DirectionsCompass Directions

Moving in a clockwise direction from the point of beginning, set the centerof a circle compass on each corner of the parcel to find the direction of travel to the next corner.

Benchmark

Page 14: © 2008 by South-Western, Cengage Learning Chapter 3 Chapter 3 Charles J. Jacobus Thomas E. Gillett

© 2008 by South-Western, Cengage

Learning

Rectangular Survey SystemRectangular Survey System

Government Survey / US Public Land Survey

Latitude Lines: East – WestBase Lines

Longitude Lines: North - SouthMeridians

Page 15: © 2008 by South-Western, Cengage Learning Chapter 3 Chapter 3 Charles J. Jacobus Thomas E. Gillett

© 2008 by South-Western, Cengage

Learning

Parallels and MeridiansParallels and Meridians

States using public land survey system.

Page 16: © 2008 by South-Western, Cengage Learning Chapter 3 Chapter 3 Charles J. Jacobus Thomas E. Gillett

© 2008 by South-Western, Cengage

Learning

Township Divided into SectionsTownship Divided into Sections

Section

Page 17: © 2008 by South-Western, Cengage Learning Chapter 3 Chapter 3 Charles J. Jacobus Thomas E. Gillett

© 2008 by South-Western, Cengage

Learning

One Section (640 Acres) SubdividedOne Section (640 Acres) Subdivided

Quarter Section = 160 Ac.

¼ of Quarter Section = 40 Ac.

Page 18: © 2008 by South-Western, Cengage Learning Chapter 3 Chapter 3 Charles J. Jacobus Thomas E. Gillett

© 2008 by South-Western, Cengage

Learning

Land Description by Recorded PlatLand Description by Recorded Plat

Page 19: © 2008 by South-Western, Cengage Learning Chapter 3 Chapter 3 Charles J. Jacobus Thomas E. Gillett

© 2008 by South-Western, Cengage

Learning

The tax assessor assigns every parcel of land in the county its own parcel number. For example, the westernmost parcel (lot 50) in the map would carry the number 34-18-8, meaning Book 34, Page 18, Parcel 8.

Assessor’s MapAssessor’s Map

Page 20: © 2008 by South-Western, Cengage Learning Chapter 3 Chapter 3 Charles J. Jacobus Thomas E. Gillett

© 2008 by South-Western, Cengage

Learning

Vertical Land DescriptionsVertical Land Descriptions

Datum

Air Lot

Contour Maps

Page 21: © 2008 by South-Western, Cengage Learning Chapter 3 Chapter 3 Charles J. Jacobus Thomas E. Gillett

© 2008 by South-Western, Cengage

Learning

Lot TypesLot Types

Page 22: © 2008 by South-Western, Cengage Learning Chapter 3 Chapter 3 Charles J. Jacobus Thomas E. Gillett

© 2008 by South-Western, Cengage

Learning

Key Terms

FixturesImprovementsMeridiansMetes & BoundsMonument

Personal propertyReal EstateRecorded PlatRiparian Rights