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35 Cards in this Set
- Front
- Back
Government Powers
PETE |
limitations of ownership imposed by the govt for the welfare of community.
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P=Police Power
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enabling acts grant authority from the state to local govt to protect the public health and safety
Zoning-ordinances-bldg codes- CH 19 |
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E=Eminent Domain
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right of govt to take privately owned real estate for public use
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Condemnation
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Privately owned -->public use
-legitimate use by courts -just compensation -rights of owner protected |
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T=Taxation
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charge on real estate to raise funds to meet the cost of govt operations
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E=Escheat
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ownership will revert to the state when owner dies without a will and has not heirs
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Intestate
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Dies without a will
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Estates in land
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defines the owner's degree, quantity, nature and extent of interest in land
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Leasehold Estate
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estate for fixed period of time
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Freehold Estate
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estates for indeterminable period of time
-Fee simpnle (highest interest) -Fee simple absolute -Fee simple defeasible |
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Fee Simple Estate
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Highest level of ownership
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Fee Simple Absolute
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no limitation except for public and private restrictions (zoning, covenants)
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Fee Simple Defeasible
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limited to duration
-Conventional life -Legal Life |
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FSD- Conventional
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created by the owner by deed or will
-remainder: future interest in the fee simple estate for remainderman -reversionary: returns to grantor (heirs) when the life estate ends |
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FSD- Legal Life
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create by state statute
dower: wife (dead husband) curtesy: husband (dead wife) homestead rights: legal life estate occupied by family home-protect equity of home |
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Encumbrance
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claim, charge, liability
-attaches to real estate -restrictions, easements, encroachment, -effect condition or use of property |
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Liens
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Monetary Charge
-charge against property that provides security for the debts or other onigations of property owner |
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Deed Restriction
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private agreement that affects the use of the land
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Easement
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right to use the land of another for particular purpose
-appurtenant -easement in gross -party wall -by necessity -prescription -condemnation |
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Appurtenant easement
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annexed to the othership of one parcel and used for the benefit on the land of another
-survient tenement (land easement is on) -dominant easement (benefiter) |
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Easement in gross
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individual interest in or right to use the land of another
ie utilities |
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Party Wall Easement
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used for a wall that straddles property line of adjacent properties with different owners
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Easement by Necessity
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arising because owners have INGRESS to and EGRESS from their land (road)
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Easement by prescription
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arises when use has been continuous, exclusive and without owner's permission
-open, notorious, visible -tracking |
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Easement by condemnation
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acquired for public use, requires compensation for loss of value
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Creating an easement
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Express grant in deed from owner
Express reservation by the grantor in a deed of conveyance By Use By implication |
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Terminating Easement
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*Purpose no longer exists
*Merger- owner of both lands * Release of the right of easement to owner of the servient *abandonment *nonuse of prescriptive *adverse possession *destruction of servient *court decision *excessive use * |
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License
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privileged to use another's land for specific purpose
***can be terminated by licensor |
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Encroachment
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anything extending from one property across property line or beyond legal limits
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Riparian rights
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rights granted of land along the RIVER, STREAM
non-navigable, navigable (commerce) |
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littoral rights
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rights of owner whos land borders commercially navigable lakes, seas and oceans
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Accretion
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Increases in land by water
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Erosion
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loss of soil
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Avulsion
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sudden removal of land due to act of nature
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Doctrine of prior appropriation
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the right to use any water, except for limited use, is controlled by the state rather than the landowner
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