Chapter 6: Estates And Interests. Key Terms Part 1

Question 1

Construction lien

Answer 1

Placed against real estate by a worker who has not been paid.

Question 2

Convey

Answer 2

A transfer by sale or gift.

Question 3

Curtesy

Answer 3

Prior to 1980 husbands rights in his wife’s property.

Question 4

Dominant estate

Answer 4

The property that benefits from an easement.

Question 5

Dower

Answer 5

A wife’s rights in her husband’s property this is prior to 1980.

Question 6

Easement

Answer 6

The permanent right to use another’s land.

Question 7

Easement Appurtenant

Answer 7

A right that runs with the land. This easement is usually given to another to access for example a body of water.

Question 8

Easement by necessity

Answer 8

The right of access to a landlocked parcel.

Question 9

Easement by prescription

Answer 9

one that is gained under principles of a legal concept known as “adverse possession”, under which someone other than the original property owner gains use or ownership rights from a hostile, continuous and open manner for a statutorily prescribed number of years(20 yrs.).

Question 10

Easement in gross

Answer 10

Typically a right used for utility lines on another’s land this can include cable telephone etc.

Question 11

Encroachment

Answer 11

A building or something from an adjacent land owner that intrudes on another’s land

Question 12

Encumbrance

Answer 12

Any easement, encroachment, a right to, interest in, or legal liability on real property that does not prohibit passing title to the property but can diminish its value. Encumbrances can be classified in several ways.
They may be financial (ex: liens) or non-financial (ex: easements, private restrictions).

Question 13

Estate in land

Answer 13

Amount of ownership

Question 14

Fee determinable

Answer 14

Ownership “as long as”…continue for an indefinite period as long as they follow the determination of use established by the owner. An example would be giving a nature reserve the right to your land as long as they don’t build anything on it, if they build an office or anything on the property they would lose the right to use the property and it would revert back to the owner or a remainderman.

Question 15

Fee simple

Answer 15

This is the most complete ownership of land possible.

estate in fee simple is the highest type of interest in real estate recognize by law. The holder is entitled to all rights.

Synonyms: Fee, feesimple, and fee simple absolute.

Question 16

Freehold estate

Answer 16

Ownership lasting indefinitely.