Chapter 5-Estates, Interests, Liens, and Easements

Question 1

Adverse Possession

Answer 1

Acquiring title to someone else’s real property by exclusive possession of it. Possession must be open and notorious, hostile and adverse, exclusive, and continuous for a prescribed number of years (e.g. in New York, 10).

Question 2

Air Rights

Answer 2

The right to undisturbed use and control of airspace over a parcel of land (within reasonable limits for air travel); may be transferred separately from the land.

Question 3

Appropriative Rights

Answer 3

Water rights allocated by government permit, according to an appropriation system. It is not necessary to own property beside the body of water in order to apply for an appropriation permit. Also called Prior Appropriation.

Question 4

Appurtenance

Answer 4

A right that goes with real property ownership; usually transferred with the property, but may be sold separately.

Question 5

Beneficiary

Answer 5

Person designated to receive benefits from a certain act.

Question 6

Bundle of Legal Rights

Answer 6

All real property rights conferred with ownership, including right of use, right of enjoyment, and right of disposal.

Question 7

Chattel

Answer 7

Personal Property

Question 8

Common Areas

Answer 8

Land and Improvements in a condominium, planned unit development, or cooperative that all residents use and own as tenants in common, such as the parking lot, hallways, and recreational facilities; individual apartment units or homes are not included. Also call Common Elements

Question 9

Curtesy

Answer 9

A husband’s common law interest in his wife’s property; not recognized in New York.

Question 10

Dominant Tenement

Answer 10

Property that receives the benefit of an appurtenant easement.

Question 11

Dower

Answer 11

A wife’s common law interest in her husband’s property; not recognized in New York.

Question 12

Easement

Answer 12

A right to use some part of another person’s real property. An easement is irrevocable and creates an interest in the property.

Question 13

Easement Appurtenant

Answer 13

An easement that grants access.

Question 14

Easement by Condemnation

Answer 14

1. Taking private property for public use through the government’s power of eminent domain. 2. A declaration that a structure is unfit for occupancy and must be closed or demolished.

Question 15

Easement by Express Grant

Answer 15

An easement granted to another in a deed or other document.

Question 16

Easement by Implication

Answer 16

An easement created by operation of law (not express grant or reservation) when land is divided, if there is a longstanding, apparent use that is reasonably necessary for enjoyment of the dominant tenement.

Question 17

Easement by Necessity

Answer 17

A special kind of easement by implication occurs when the dominant tenement would be useless without an easement, even without longstanding, apparent use.

Question 18

Easement by Prescription

Answer 18

An easement acquired by prescription.

Question 19

Easement for Light and Air

Answer 19

A view easement; considered a negative easement, the dominant tenement can prevent the subservient tenement from doing something on the land because it could affect the dominant land.

Question 20

Easement in Gross

Answer 20

An easement that benefits a person instead of land; there is a dominant tenant, but no dominant tenement.

Question 21

Emblements

Answer 21

Another term for fructus industriales, meaning fruits of industry.

Question 22

Encroachment

Answer 22

Physical object intruding onto neighboring property often due to a mistake regarding boundary lines.

Question 23

Encumberance

Answer 23

Non-possessory interest in property; a lien, easement, or restrictive covenant burdening the property owner’s title.

Question 24

Estate at Sufferance

Answer 24

Possession of property by a tenant who came into possession of the property under a valid lease, but stays on after the lease expires without the landlord’s permission.

Question 25

Estate at Will

Answer 25

A leasehold estate with no specified termination date and with no regular rental period.

Question 26

Estate for Years

Answer 26

Leasehold estate set to last for a definite period, after which it automatically terminates. Also called Term Tenancy.

Question 27

Fee on Condition

Answer 27

Defeasible fee that may be assigned and terminated by the grantor upon the occurrence of an event.

Question 28

Fee Simple Estate

Answer 28

The greatest estate one can have in real property; freely transferable and inheritable, and of indefinite duration, with no conditions on title. Also called: Fee Simple, Fee Title, or Fee Simple Absolute.

Question 29

Fixture

Answer 29

A man-made attachment; an item of personal property attached to or closely associated with real property in such a way that it has legally become part of the real property.

Question 30

General Lien

Answer 30

A lien against all property of a debtor, instead of a particular piece of property.

Question 31

Homestead Laws

Answer 31

Laws that protect property owners from lien foreclosure by