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unit 1 > property ownership & Land-Use Controls > Flashcards

property ownership & Land-Use Controls Flashcards

1
Q

Appurtenances

A

are attached to and run with land ex. water well

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2
Q

Land 1,2,&3 rights

A

Surface, Subsurface, Air

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3
Q

Improvements

A

permanent attachement to land

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4
Q

Rights in land

A

Air, water, mineral rights

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5
Q

Rights of ownership

A

Possess, transfer, and control the property

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6
Q

Governmental Rights

A
  • determine land use
  • set taxes
  • take back property (Eminent Domain )
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7
Q

The Government controls water rights and grants permits for beneficial use under the…?

A

Doctrine of Prior appropiration

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8
Q

Riparian

A

flowing water

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9
Q

Littoral

A

standing water

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10
Q

Accession

A

addition to land natural accretion

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11
Q

Avulsion

A

sudden loss of land

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12
Q

Erosion

A

Gradual loss of land

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13
Q

Deed

A

Evidence of real estate transfer

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14
Q

personal property is transferred by …?

A

Bill of sale

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15
Q

Police power

A

public control of land

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16
Q

Governmental Rights in land (acronym)

A 
PETE
Police Power
Eminent Domain
Taxation
Escheat
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17
Q

Right to enact and enforce laws governing land use is…?

A

Police power

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18
Q

Planning, zoning , Building codes are controlled by..?

A

Police Power

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19
Q

Determines how land can be developed ..?

A

police power

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20
Q

Right to take back private land for public use

A

Eminent Domain

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21
Q

Eminent Domain is a process called …?

A

CONDEMNATION

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22
Q

An example of Involuntary alienation?

A

Eminent Domain

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23
Q

Property taxes have priority over…?

A

all other liens

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24
Q

Ad Valorem

A

according to value

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25
Q

Assessed value x Tax rate =

A

ANNUAL PROPERTY TAX

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26
Q

County assessor determines …?

A

Assessed Value

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27
Q

Appeals of assessments are first made to a…?

A

BOARD OF APPEALS

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28
Q

Special Assessments

A

are charges against specific properties that benefit from public improvement

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29
Q

ESCHEAT

A

Gov. right when property is abandoned or death with no will or heirs

30
Q

Freehold estate

A

(OWNERSHIP)

31
Q

Less than Freehold estate

A

(POSSESSION)

32
Q

Fee Simple Absolute

A

Maximum or largest CONTROL of Property

33
Q

Fee simple absolute lasts how long?

A

FOREVER ( transferable and inheritable)

34
Q

Fee Simple Defeasible

A

Qualified Fee

35
Q

What type of deed condition fee comes with a gifted estate ?

A

Fee Simple Defeasible

36
Q

If deed condition is violated…

A

estate may revert to grantor

37
Q

Life Estate is measured by …

A

Life of grantee or by another life

38
Q

Upon death of life tenant estate returns to….

A

fee simple absolute goes to party named in deed

39
Q

The grantor for life Estate ?

A

Reverter

40
Q

A third party for life Estate?

A

REMAINDER MAN

41
Q

Leasehold estate has possession for…?

A

Fixed term

42
Q

Leasehold estate is also referred to as a ?

A

Less than freehold estate

43
Q

Estate for years

A

Specific termination date-no advance notice required

44
Q

Death of a landlord or tenant does not terminate a ?

A

Estate for years

45
Q

Periodic estate / estate from period to period

A

Renews automatically for a set period upon payment of rent.

ex. Month to month

46
Q

Estate at will

A

Indefinite Duration - tenant occupies at landlords discretion

47
Q

Estate at will can be terminated by?

A

Notice, Death, or sale of property

48
Q

Estate at sufferance

A

holdover after legal tenancy expires (lowest estate)

49
Q

ENCUMBRANCE

A

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

50
Q

Easement

A

right to use the lands of another for a specific purpose

51
Q

Appurtenant easement

A

has dominant tenement and servient tenement

transfers with land

52
Q

Easement in gross

A

has no dominant property, only servient property.

commercial easement held by company, gov., or person

ex. utility easement

53
Q

easement by necessity

A

granted by courts to private owner to prevent create of landlocked property

54
Q

Easement may be created by …

A

express agreement, prescription, or necessity.

55
Q

Easement is not

A

revocable once given

56
Q

Unless easement is released

A

it will transfer with the deed

57
Q

Deed Restrictions

A

privately created controls on land use that protect property values and its interests of property owners.

58
Q

Covenant

A

An agreement to do or not to do a particular thing.

59
Q

Deed restrictions must be

A

for lawful purposes

60
Q

LIEN

A

a type of encumbrance to secure payment of a debt. $$$$

61
Q

list 4 different types of LIENS

A
  1. Specific lien
  2. Mortgage lien
  3. General lien
  4. IRS or State lien
62
Q

Government lien?

A

property taxes or special assessments

63
Q

which lien has priority over all other liens?

A

Government lien

64
Q

Mechanic’s lien or construction lien?

A

placed by contractors, workers, and suppliers of materials.

65
Q

what do you file to protect yourself from a mechanic’s lien?

A

Notice of non responsibility

66
Q

MORtGAGE LIENS OR DEEDS OF TRUST

A

Voluntary pledge of lands to secure payment of debt

67
Q

General Lien?

A

Attached to all property, personal and real.
Judgement lien(involuntary)
Court ordered claim EX. child support, unpaid hospital bills

68
Q

HOME STEAD EXEMPTION

A

state statute protect a primary residence against creditors

69
Q

A license?

A

is a revocable, nonexclusive permission that grants privilege to use property

70
Q

encroachments?

A

unauthorized use of land or physical object intruding

unit 1 (1 decks)

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