Federal Flashcards

1
Q

Attached to and run with the land

A

appurtenances

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2
Q

Governement uses this doctrine to control water rights

A

Prior appropriation

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3
Q

Built in ______ and freestanding ______

A

Fixrute, personal property

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4
Q

what are Legal/formal methods of land description, and what is it for?

A

Survey, meets and bounds, Rectangular (government survery, Recorded map “plat”
Describes the land and not improvements

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5
Q

Used to confirm a legal description using onside measurements of property lines and location of houses, easements and encroachments. Uses monuments that establish property boundaries

A

Survery

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6
Q

begins and ends at the point of begining (POB) only measurement that uses starting at or commercig at and moves in a set direction
measures in clock wise direction

A

meets and bounds

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7
Q

Developed by the US government and uses range and meridians. What are range and meridians?

A

Rectangular survey
range and meridians are large imaginary lines. Ragne is vertical row of township (north-south) and tier is a horizontal row of twonship (east-west)

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8
Q

a section is ___ mile by ___ mile aand How many acares does it have? How many spuare feet are in an acre?

A

1, 1 and has 640 acres, 43560 square feet/acre

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9
Q

Plat map also called “lot, block subdivision system” or the lot & block system. Created by a survey ans shows the location and boundaries of individual land in a land subdivison. Most common in urban residental and map is recorded in county recorders office after approval but before building

A

Recorded map “plat”

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10
Q

Allows the owner to continue present use that no longer complies with current zoning which is known as grand fathered or grandfather clause. Owner may not enlarge or rebuild if improvements are destroyed

A

Non conforming uses

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11
Q

Government rights

A

Police power - public control of land
Eminent domain - private for public use using process called condemnation
Taxation
Escheat - take abandoned property

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12
Q

Property taxes have prioity over other _____. property taxes are ad valorem which is _____. ___________ are charges against specific properites that benefit from public improvements

A

Liens, assed value, special asssesement

Assed value x tax rate = propery taxes

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13
Q

What are the three freehold estates

A

Fe simple absolute - complete budle of right ( also known as fee estate or fee simple)
Fee simple defeasible - created by a deed condition and is normally a gift.
Life estate- life tenant is the owner till life then goes back to the fee simple absolute owner

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14
Q

Any claim, right or interest held by a party who is not the legal owner of the property a nonpossessory interest

A

Encumbrances

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15
Q

types of easement

A

In gross - no dominant property only servient (shared wall)

by Necessity - court ordered

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16
Q

Lien types

A
Specific liens - government, mechanics or construction lien
Mortgage liens (volentary)
General liens - all property including personal and real property. Judgment liens (involuntary)
17
Q

Homestead rights

A

Protects primary residence against creditors such as judgment and debits for personal loans and credit cards but typically not against tax, mortgage, and mechanical liens

18
Q

____ in shares can be unequal but without right of survivorship to other owner. _____ in shares are equal and with right of survivorship to other owner. Tenancy by the __________ special form of ownership for married couples in some state.

A

Tenancy in common, Joint tenancy, entirety

19
Q

Types of conveyance deeds

A

General warranty deed, special(limited) warranty deed, quit claim deed, bargain and sale deed, trustee’s deed/sheriff’s deed/ certificate of sale transfer title, and reconveyance deed

20
Q

includes the most promises or convenants and greatest protection for the grantee

A

General warranty deed

21
Q

Two warranties. 1) the grantor owns and can convery (seisin) and 2) will protect against defects or encumbrances arising during grantors ownership period

A

special(limited) warranty deed

22
Q

Best for the grantor. “what I have got, You have got”

Used to clear clouds on title and grantor has no liability

A

quit claim deed