Flashcards
(57 cards)
Four Land Use Districts
Urban (4.7%)
Agriculture (47%)
Rural (0.2%)
Conservation (48%)
UAR - counties administered
C - State Department of Land and Natural Resources
Who administers river, agriculture, and rural land districts?
The Counties
Who administers conservation districts?
State Department of Land and Natural Resources
Dower
Widow’s interest in husband’s estate pre-1977. 1/3 portion of the real property.
Wife to husband. Husband needs wife to sign off on sale.
Curtesy
The right that husband may have in wife’s estate after her death. 1/3 portion of the real property.
Husband to wife. Wife didn’t need his sign off.
Appurtenance
Something added to a property which becomes inherent part of property, and will pass with it when conveyed; includes improvements
Accretion
Gradual additions to land, by deposits of sand or soil, by bordering waters through natural causes
-landowners think they should own the new land but state says otherwise
CC&Rs
Covenants, conditions and restrictions
Chattel
Personally property that is tangible and moveable; personalty
Adverse possession
The means of acquiring a title to land against the real owner, where possession has been actual, open, hostile, exclusive, continuous, and under claim of right for the statutory period of 20 years.
Joint tenancy
Ownership by two or more persons
-rights of survivorship
-equal interests
-each possesses an undivided part of the whole
-can sell interest with or without consent of others (then tenancy in common)
-must be expressly stated
-no probate
Tenancy in common
Two or more persons who hold undivided interest
-no right of survivorship (goes to heirs)
-doesn’t have to be equal
-but still entitled to undivided possession of property regardless of size of his share
Accession
Acquisitions of property by its joining with other property
Avulsion
Sudden removal of land of one owner and depositing on the land of another when a stream changes its channel
-does not result in immediate change of boundary line
Bundle of Rights
Ownership concept that embraces the right of possession, use, enjoyment, and disposition
Fee Simple?
Covenant
Agreement written into deeds and other instruments which promises or guarantees that something shall or shall not be done; an agreement stipulating certain uses or non/uses of property
Dominant estate
An estate attached to and benefiting from the servient estate; an easement runs over the servient estate and serves the dominant estate; also called dominant tenement
Easement
A right, privilege or interest which one part has in the land of another
Easement Appurtenant
An easement that is attached to and runs with the land, it cannot exist apart from the particular land to which it is attached.
Easement in Gross
An easement which encumbers the land, and is usually given to a quasi-public corporation, such as electric or phone company.
Encroachment
Building or fixture that intrudes partly or wholly upon the property of another
Fee Conditional
An estate granted absolutely but only so long as a specified event occurs or does not occur.
Estate with conditions
Fee Simple
An estate in real property, by which the owner has the greatest power over the title. He may dispose of, trade, or will, as he chooses.
-largest bundle of ownership rights
Limitations:
1. Right of eminent domain
2. Escheat
3. Taxation
4. Police powder to regulate land use
Fee Tail
Estate that is inheritable by particular lineal heirs. Upon lack of such heirs the estate reverts back to grantor or his heirs.
-not recognized in Hawaii
