Chapter 4 ?s Flashcards
(12 cards)
Points of adverse possession
Ownership is not just a privilege, it is a responsibility; it is not in the public interest to leave land neglected and unwanted.
Claimant for adverse possession must prove:
Actual - moving in,m making improvements, or paying taxes.
Hostile - without the owner’s permission.
Open - obvious and visible to the rightful owner
Notorious - the public can witness the control being exercised over the land by the occupant.
Exclusive - not shared with anyone else, especially not the owner.
Continuous - in an uninterrupted pattern for the statutory required period.
Intestate succession
When a property owner dies without last will and testament, the estate is distributed to heirs according to the laws of descent and distribution. Deciding who the rightful heirs are is the responsibility of the probate court, which appoints an administrator.
Involuntary alienation
A transfer of title without owner’s consent which may result from natural causes, operation of law, or court action.
Accretion
The gradual build up of land through action of wind and water. The deposited material that creates a firm ground is called alluvion or alluvium. Accretion can cause boundary changes to property.
Reliction
The increase in land that occurs when water recedes. Newly exposed land becomes the property of owners with riparian rights.
Erosion
One of two possible causes of loss of land area, the wearing away of soil by action of wind and water. This may result in changes to property boundaries.
Avulsion
One of two possible causes of loss of land area, the sudden change of land mass due to catastrophic cause such as earthquake, landslide, flood, hurricane, etc.
Condemnation
The taking of title to real property by governmental or quasi-governmental agencies without the owner’s consent by power of eminent domain. Requires the taking be for public benefit and the owner be justly compensated.
Methods of Involuntary Title Transfer: Transfer by operation of law
A. Condemnation - Governmental exercise of eminent domain
B. Intestate Succession - With no will, a probate court determines heirs for distribution according to the laws of descent and distribution
C. Community Property - in community property states, a spouse automatically owns one-half property
D. Adverse Possession - neglected property gets possessed by squatter
E. Forfeiture of Title - A fee simple determinable estate is conditioned upon occurrence or non-occurrence of an event. Failure results in automatic loss of ownership by operation of law, reverting ownership back to original grantor or grantor’s heirs.
Methods of Involuntary Title Transfer: Transfer by Court Action
A. Partition sale - Severing of undivided interests by filing of partition suit by any co-owners, without consent, to seek fair distribution of property and dissolve co-ownership.
B. Foreclosure Sale - Court ordered sale of property to satisfy the debts of the owner.
C. Quiet title action - Transfer of title after court determines someone has proven claim to title, such as adverse possession
D. Forfeiture of Title - A fee simple determinable estate is conditioned upon occurrence or non-occurrence of an event. Failure results in automatic loss of ownership by operation of law, reverting ownership back to original grantor or grantor’s heirs.
Methods of Voluntary Transfer of Title
A. Patent or Public Grant
B. Will
C. Gift
D. Sale
Patent and Public Grant
The patent is the document used by the government to convey land to a private individual.
A public grant is used to convey governmental land to private parties or groups of people.
