Chapter 07

Question 1

Police power

Answer 1

The states power to preserve order, protect the public health and safety, and promote general welfare

Question 2

Condemnation

Answer 2

The process of the government exercising eminent domain

Question 3

Escheat

Answer 3

The state or county taking real or personal property when someone dies without a will or legal heirs

Question 4

Estate in land

Answer 4

The degree, quantity, nature and extent of an owner’s interest in real property.

Must be measured according to time

Question 5

Freehold Estate

Answer 5

Last forever and can be passed down through generations

Question 6

Estates

Answer 6

An ownership that can be transferred using a deed

Question 7

Fee simple estate aka fee simple absolute

Answer 7

Ownership in which holder is entitled to all rights to the property.

The highest interest in real estate recognized by law.

Question 8

Fee simple defeasible

Answer 8

An estate that is subject to occurrence or nonoccurrence.

• Fee simple determinable
• Fee simple subsequent

Question 9

Fee simple determinable

Answer 9

Owner gives property and rights to person or organization as long as X is happening. If X stops happening, heirs can reclaim property without going to court

Question 10

Fee and simple subject to condition subsequent

Answer 10

Owner gives property and rights to person or organization as long as X doesn’t happen. If X does happen, heirs can reclaim property but they must go to court

Question 11

Future interest

Answer 11

A persons right and interest in real property that will not result in possession or enjoyment until sometime in the future

Question 12

Life estate

Answer 12

An estate based o the lifetime of a person. Estate ends when person dies

Question 13

Pur Autre Vie

Answer 13

A life estate that is based on the life of a third party and not the life of a tenant.

Often created for people who are physically or mentally incapacitated in the hope to create incentive for someone to take care of them

Question 14

Remainder and Reversion

Answer 14

The fee simple owner who creates a life estate must plan for its future ownership when it ends. It’s then replaced with a fee simple ownership in one of two ways.

• Remainder interest
• Reversionary interest

Question 15

Revisionary interest

Answer 15

When a life estate ends, the estate is said to revert to original owner

Question 16

Remainder interest

Answer 16

The owner of a life estate may name a “remainderman” and the property will pass to the remainderman when the life estate ends

Question 17

Enabling acts

Answer 17

The states power being passes down to municipalities

Question 18

Doctrine of prior appropriation

Answer 18

In states where water is scarce, this limits the use with the exception of domestic use

Question 19

Accretion, erosion, and avuision

Answer 19

Accretion: land that grows due to waterways depositing earth.

Erosion: The slow reduction of land due to waterways.

Avuision: the immediate reduction of land due to earthquakes, mudslides, ext…

Question 20

Littoral Rights

Answer 20

Water rights of land owners that Boarded navigable water ways

Question 21

Riparian Rights

Answer 21

Water rights of owners of land that board non-navigable waterways ( waterways unsuitable for commercial boat traffic).

Question 22

Encumbrances

Answer 22

• A claim, charge, or liability that attaches to real estate.

A right or interest held by someone other then the owner.

Two Classifications:

Liens
Encumbrances ( restrictions, easements, licenses, and encroachments)

Question 23

Lien

Answer 23

A charge against property that provides security for a debt or obligation.

• Real estate taxes
• Mortgages

Question 24

Legal Life Estate

Answer 24

A form of life estate established by state law. Becomes automatic when events occur.

• Dower
• Curtesy
• Homestead

Question 25

Dower

Answer 25

The life estate that a wife has after husband dies.

Question 26

Curtesy

Answer 26

The life estate the a husband has after a wife dies.

Question 27

Homestead

Answer 27

Land that is owned and legally occupied that is protected from legal judgments and debts.

Excluding property taxes and mortgages.

Question 28

Easements

Answer 28

The right to use the land of another for a particular purpose.

Question 29

Appurtenant easement

Answer 29

An easement attached to the ownership of one parcel and allows this owner the use of a neighbors land.

• Servient Tenement: the parcel over which the easement runs through.
• Dominant Tenement: the parcel that benefits.

Question 30

Easement by Necessity

Answer 30

One sells a parcel of land that has no access to a street except over the sellers remaining land.

• Created by court order

Question 31

Easement by Perscription

Answer 31

If a claimant has made use of another’s land for a certain length of time. time determined by the state.

• Claimant must be using it continuously.
• Owner must be aware

Question 32

Easement Gross

Answer 32

An individual or company’s interest in the right to use someone else’s property.

• Commercial easements in gross may be transferred.
• Personal easements in gross generally terminated upon death of easement owner

Question 33

Terminating an easement

Answer 33

• When need no longer exist
• When owner of dominant or Servient tenement becomes the owner of both.
• The release of right to Servient tenement
• The abandonment of easement
• The nonuse of Prescriptive easement

Question 34

Encroachments

Answer 34

When a structure illegally extends beyond the property line.

Question 35

License

Answer 35

A personal privilege to enter the land of another for a specific purpose.

Question 36

Deed Restrictions

Answer 36

A private restriction that affect the uses of the land places in the deed by a previous owner.

Question 37

Covenants, conditions, and restrictions (CC&R)

Answer 37

Private agreements that affect land use. Typically imposed by a developer or subdivider to maintain a specific standard.