Unit 7

Question 1

Govenmental Powers

Answer 1

individual ownership rights limited for welfare of the community

Question 2

Police Power

Answer 2

States authority passed to municipalities thru legislation called enabling acts

Question 3

Eminent Domain

Answer 3

Right of government to acquire private real estate for public use.

Condemnation is process by which they exercise that right. Just compensation must be paid to owner

Question 4

Quick Take in Illinois

Answer 4

summary proceeding in which plaintiff obtains immediate fee simple title, including possession and use

ex. highways, sanitary district remove obstructions from river, airports take land

Question 5

Taxation

Answer 5

Charge on real estate to meet public needs of government

Question 6

Escheat (revert)

Answer 6

State acquires private real or personal property when owner dies and leaves no heirs. in IL property escheats to the county where located

Question 7

Land Estates

Answer 7

defines degree of an owners interest in real property

Question 8

Freehold estates

Answer 8

last for a lifetime or forever. Fee simple, defeasible fee and life estates. Fee Simply and Defeasible continue forever and can be passed on to owners heirs

Question 9

Life Estate

Answer 9

Based on lifetime of that person and ends when they die

Question 10

Life Tenant

Answer 10

Entitles rights of ownership but they can’t injure (WASTE) property

Question 11

Leasehold Estate

Answer 11

last for fixed period of time

Question 12

Fee Simple Estate

Answer 12

last forever and pass to heirs or as stated in will. 2 kinds:

absolute - absolute ownership only limited by certain public and private restrictions ie. zoning

defeasible - subject to occurrence or nonoccurrence of a specified event

Question 13

Condition Subsequent

Answer 13

Give land to hs, no alcohol use, if violated go to court and get rights back

Question 14

Fee simple Determinable

Answer 14

a defeasible the may be inherited determined by special limitation ex. as long as…gets back without going to court. IL Max is 40 years

Question 15

Conventional Life Estate

Answer 15

Created by deed or will and conveyed to life tenant

Question 16

Pur autre vie

Answer 16

life tenants “ownership” based on death of another person

Question 17

Remainder

Answer 17

creator names remainderman

Question 18

Reversion

Answer 18

creator recaptures ownership

Question 19

Legal life estate

Answer 19

life estate established by state law. NOT in IL Dower and Curtesy

Question 20

Homestead in IL

Answer 20

legal life estate in real estate occupied as family home. in IL, homestead value 15000 single, 30000 married

Question 21

Easements

Answer 21

right to use land of another for particular purpose

Question 22

Appurtenant Easement

Answer 22

use of neighbors land ex beach access

Question 23

Easement by necessity

Answer 23

no other access to street or public way

Question 24

Easement by prescription

Answer 24

continued use for 20 years - can be tacked (used by different parties thru purchase,)

Question 25

What terminates an easement:

Answer 25

- no need - owner gets ownership of both properties - release - abandonment - non-use of prescriptive easement - adverse possession - destruction - lawsuit - property conversion

Question 26

Encumbrance

Answer 26

Restrictions, easements, licenses, encroachment

Question 27

Liens

Answer 27

Charges against property that provides security for debt

Question 28

Deed Restrictions

Answer 28

private agreement that effect land use. Run with land. Ex. Covenants in subdivision

Question 29

License

Answer 29

personal privilege to enter land of another for specific purpose

Question 30

Encroachment

Answer 30

all or part of structure illegally extends

Question 31

Nature and Water

Answer 31

riparian - flowing water littoral - lakes, oceans these are attached to land

Question 32

Accretion

Answer 32

increase in land

Question 33

Erosion

Answer 33

decrease in land

Question 34

Avulsion

Answer 34

sudden removal, ex earthquake