Summary of Basic Real Estate Concepts in North Carolina

  • Real estate refers to the physical land and anything permanently attached to it, while real property encompasses both the physical land and the associated bundle of rights.
  • The bundle of rights, often referred to as “PUTEE”, includes:
    • Possession: The right to occupy the property.
    • Use: The right to control the property and how it is used.
    • Transfer: The right to sell, lease, or transfer ownership.
    • Exclusion: The right to prevent others from entering or using the property.
    • Encumberable: The right to place encumbrances (e.g., mortgages) on the property.
  • Land in real estate is characterized by immobility, indestructibility, and non-homogeneity, meaning it cannot be moved, destroyed, and every parcel is unique.
  • There are different types of property:
    • Real Property: Land and any permanent attachments.
    • Personal Property (Chattels): Anything that is movable.
    • Fixtures: Personal property that has become part of the real property, with the exception of trade fixtures, which are personal property of a business leasing the space.
    • Emblements: Crops considered personal property despite being attached to the land.
  • Rights in real property extend beyond the surface and include:
    • Surface Rights: Rights to use the surface of the land.
    • Subsurface Rights: Rights to resources below the surface.
    • Air Rights: Rights to the space above the land.
    • Water Rights: Riparian Rights for properties next to rivers and streams, and Littoral Rights for those by lakes and seas.
  • Ownership can be held as a:
    • Freehold Estate: Ownership with the potential for unlimited duration, like Fee Simple Absolute, the most complete form of ownership.
    • Leasehold Estate: Possession for a limited time, like an Estate for Years.

Understanding these concepts is crucial for anyone involved in real estate in North Carolina.

Vocabulary

  • Real Estate: The physical land and anything permanently attached to it.
  • Real Property: Real estate plus the bundle of rights associated with owning the property.
  • Bundle of Rights: The set of legal rights that come with owning real property (PUTEE).
  • Possession: The right to occupy and use the property.
  • Use: The right to control how the property is used.
  • Transfer: The right to sell, lease, or give away the property.
  • Exclusion: The right to prevent others from accessing the property.
  • Encumberable: The right to borrow money against the property or place limitations on its use.
  • Immobility: The characteristic of land that it cannot be moved.
  • Indestructibility: The characteristic of land that it cannot be destroyed.
  • Non-homogeneity: The characteristic of land that each parcel is unique.
  • Personal Property (Chattels): Movable items that are not permanently attached to the land.
  • Fixtures: Items that were once personal property but have become permanently attached to the real property.
  • Trade Fixtures: Fixtures installed by a business tenant for commercial purposes, remaining the tenant’s personal property.
  • Emblements: Crops grown on the land, considered personal property even though they are attached to the land.
  • Surface Rights: Rights to use the surface of the land.
  • Subsurface Rights: Rights to use and extract resources below the surface of the land.
  • Air Rights: Rights to use the airspace above the land.
  • Water Rights: Rights to use water sources on or adjacent to the property.
  • Riparian Rights: Water rights for properties bordering rivers and streams, granting reasonable use of the water flow.
  • Littoral Rights: Water rights for properties on the shores of lakes and oceans, generally extending to the high-water mark.
  • Freehold Estate: An estate in land representing ownership for an unlimited duration.
  • Fee Simple Absolute: The most complete form of freehold estate, granting the owner full and unrestricted ownership.
  • Leasehold Estate: An estate in land granting possession and use rights for a limited period, as defined by a lease agreement.
  • Estate for Years: A type of leasehold estate with a fixed start and end date.

Sample Quiz on Basic Real Estate Concepts:

  1. What is the difference between real estate and real property?
    • A) Real property includes ownership rights, while real estate refers only to land and buildings.
    • B) Real property is land only, while real estate includes buildings.
    • C) Real estate refers to the ownership rights, while real property refers to land and buildings.
    • D) There is no difference between real estate and real property.
  2. Which of the following is NOT part of the bundle of rights?
    • A) Possession
    • B) Exclusion
    • C) Taxation
    • D) Transfer
  3. True or False: Trade fixtures installed by a tenant in a leased retail store become the landlord’s property when the lease ends.
  4. Which characteristic of land refers to the fact that no two parcels are exactly alike?
    • A) Immobility
    • B) Indestructibility
    • C) Non-homogeneity
    • D) Uniqueness
  5. What are riparian rights associated with?
    • A) Lakes and seas
    • B) Airspace above land
    • C) Rivers and streams
    • D) Subsurface minerals