Chapter 3: Encumbrances & Transfer of Ownership

Question 1

Abandonment

Answer 1

The obvious and intentional surrender of the easement

Question 2

Accession

Answer 2

Process by which there is an addition or reduction to property by the

efforts natural forces.

Question 3

Accretion

Answer 3

An increase in actual land due to natural causes- for example, from the gradual action of the ocean or river waters.

Question 4

Alienate

Answer 4

The act of transferring ownership, title, or interest.

Question 5

Bequest

Answer 5

A gift of personal property by will.

Question 6

Codicil

Answer 6

Changes in a will

Question 7

Easement in gross

Answer 7

An easement that is not appurtenant to any one parcel.

Question 8

encroachment

Answer 8

The unauthorized placement of permanent improvements that intrude on

adjacent property owned by another.

Question 9

grantee

Answer 9

The person receiving the property, or to whom it is being conveyed.

Question 10

grantor

Answer 10

The person conveying or transferring the property.

Question 11

homestead

Answer 11

Status provided to a homeowner’s principal residence that protects the

home against judgments up to specified amounts.

Question 12

instrument

Answer 12

A document in real estate.

Question 13

intestate

Answer 13

Dying without leaving a will.

Question 14

license

Answer 14

Permission to use a property which may be revoked at any time.

Question 15

lis pendens

Answer 15

Notice that indicates PENDing LItigation affecting title on a property.

Question 16

quiet title action

Answer 16

It is a court proceeding to clear a cloud on the title of real property.

Question 17

reliction

Answer 17

Occurs when land that has been covered by water is exposed by receding

of the water.

Question 18

succession

Question 19

Dominant tenanment

Answer 19

Person who can cross a property

Question 20

Servieant Tenement

Answer 20

Person whos property is being crossed (they are giving a service)

Question 21

If testate who is the person who dies? Who is the person who inherits the prop? What is the prop called?

Answer 21

Devisor, devisee, devise (if person prop then it is called legacy)

Question 22

Ways to terminate easement

Answer 22

FAME= Failure of purpose, abandonment, merger, express release

Question 23

How title is acquired?

Answer 23

Will, descent, natural forces, adverse possession (squatters), transfer by deed

Question 24

If you die intestate:

Answer 24

Court will give you an administrator, and prop will be distributed to descendants

Question 25

Valid Deed checklist

Answer 25

legally competent, description of prop, consideration, words of conveyance, named grantee (no sig required), and signed by GRANTOR

Question 26

Habendum Clause

Answer 26

Outlines the use of the property

Question 27

Erosion

Answer 27

Gradual soil loss from water (water submerges the land)

Question 28

Avulsion

Answer 28

Land is washed away by water- for example, a dam breaks and the rushing water washes away a strip of land.

Question 29

General Warranty Deed

Answer 29

(5 Star general) Covenant to siezen, against encumbrances, of quiet enjoyment, of further assurance, and of warranty forever.

Question 30

Grant Deed

Answer 30

1. Grantor has not already conveyed title 2. free of encumbrances

Question 31

Special Warranty Deed

Answer 31

grantor only warrants title to prop during the time of the grantors ownership

Question 32

Bargain & Sale Deed

Answer 32

No protection, no warranties, no covenants just shows ownership

Question 33

Quitclaim Deed

Answer 33

No warranties, known as release deed bc it releases any interest the grantor has in the prop

Question 34

Injunction

Answer 34

Court order telling someone to not to do sum

Question 35

Condition

Answer 35

Dont do something on the property or else we will take back the property

Question 36

Escheat

Answer 36

Prop goes to state bc no will and no one to inherit after owner dies

Question 37

Execution sale

Answer 37

Forced sale under writ of execution

Question 38

Inverse Condemnation

Answer 38

suing the government bc their fair market value when they took ur property wasn’t really that fair

Question 39

Creating Easements

Answer 39

Express grant, express reservation (someone reserves the right to cross from former prop), necessity (landlocked), prescription (continuous, uninterrupted use for a period of time)