property ownership & Land-Use Controls Flashcards

(70 cards)

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
Assessed value x Tax rate =
ANNUAL PROPERTY TAX
26
County assessor determines ...?
Assessed Value
27
Appeals of assessments are first made to a...?
BOARD OF APPEALS
28
Special Assessments
are charges against specific properties that benefit from public improvement
29
ESCHEAT
Gov. right when property is abandoned or death with no will or heirs
30
Freehold estate
(OWNERSHIP)
31
Less than Freehold estate
(POSSESSION)
32
Fee Simple Absolute
Maximum or largest CONTROL of Property
33
Fee simple absolute lasts how long?
FOREVER ( transferable and inheritable)
34
Fee Simple Defeasible
Qualified Fee
35
What type of deed condition fee comes with a gifted estate ?
Fee Simple Defeasible
36
If deed condition is violated...
estate may revert to grantor
37
Life Estate is measured by ...
Life of grantee or by another life
38
Upon death of life tenant estate returns to....
fee simple absolute goes to party named in deed
39
The grantor for life Estate ?
Reverter
40
A third party for life Estate?
REMAINDER MAN
41
Leasehold estate has possession for...?
Fixed term
42
Leasehold estate is also referred to as a ?
Less than freehold estate
43
Estate for years
Specific termination date-no advance notice required
44
Death of a landlord or tenant does not terminate a ?
Estate for years
45
Periodic estate / estate from period to period
Renews automatically for a set period upon payment of rent. ex. Month to month
46
Estate at will
Indefinite Duration - tenant occupies at landlords discretion
47
Estate at will can be terminated by?
Notice, Death, or sale of property
48
Estate at sufferance
holdover after legal tenancy expires (lowest estate)
49
ENCUMBRANCE
Any claim, right, or interest held by a party who is not the legal owner.
50
Easement
right to use the lands of another for a specific purpose
51
Appurtenant easement
has dominant tenement and servient tenement transfers with land
52
Easement in gross
has no dominant property, only servient property. commercial easement held by company, gov., or person ex. utility easement
53
easement by necessity
granted by courts to private owner to prevent create of landlocked property
54
Easement may be created by ...
express agreement, prescription, or necessity.
55
Easement is not
revocable once given
56
Unless easement is released
it will transfer with the deed
57
Deed Restrictions
privately created controls on land use that protect property values and its interests of property owners.
58
Covenant
An agreement to do or not to do a particular thing.
59
Deed restrictions must be
for lawful purposes
60
LIEN
a type of encumbrance to secure payment of a debt. $$$$
61
list 4 different types of LIENS
1. Specific lien 2. Mortgage lien 3. General lien 4. IRS or State lien
62
Government lien?
property taxes or special assessments
63
which lien has priority over all other liens?
Government lien
64
Mechanic's lien or construction lien?
placed by contractors, workers, and suppliers of materials.
65
what do you file to protect yourself from a mechanic's lien?
Notice of non responsibility
66
MORtGAGE LIENS OR DEEDS OF TRUST
Voluntary pledge of lands to secure payment of debt
67
General Lien?
Attached to all property, personal and real. Judgement lien(involuntary) Court ordered claim EX. child support, unpaid hospital bills
68
HOME STEAD EXEMPTION
state statute protect a primary residence against creditors
69
A license?
is a revocable, nonexclusive permission that grants privilege to use property
70
encroachments?
unauthorized use of land or physical object intruding