Chapter 5-Estates, Interests, Liens, and Easements Flashcards
(31 cards)
Adverse Possession
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).
Air Rights
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.
Appropriative Rights
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.
Appurtenance
A right that goes with real property ownership; usually transferred with the property, but may be sold separately.
Beneficiary
Person designated to receive benefits from a certain act.
Bundle of Legal Rights
All real property rights conferred with ownership, including right of use, right of enjoyment, and right of disposal.
Chattel
Personal Property
Common Areas
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
Curtesy
A husband’s common law interest in his wife’s property; not recognized in New York.
Dominant Tenement
Property that receives the benefit of an appurtenant easement.
Dower
A wife’s common law interest in her husband’s property; not recognized in New York.
Easement
A right to use some part of another person’s real property. An easement is irrevocable and creates an interest in the property.
Easement Appurtenant
An easement that grants access.
Easement by Condemnation
- 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.
Easement by Express Grant
An easement granted to another in a deed or other document.
Easement by Implication
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.
Easement by Necessity
A special kind of easement by implication occurs when the dominant tenement would be useless without an easement, even without longstanding, apparent use.
Easement by Prescription
An easement acquired by prescription.
Easement for Light and Air
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.
Easement in Gross
An easement that benefits a person instead of land; there is a dominant tenant, but no dominant tenement.
Emblements
Another term for fructus industriales, meaning fruits of industry.
Encroachment
Physical object intruding onto neighboring property often due to a mistake regarding boundary lines.
Encumberance
Non-possessory interest in property; a lien, easement, or restrictive covenant burdening the property owner’s title.
Estate at Sufferance
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.
