Ch 7 Re

Front 1

Government Powers
PETE

Back 1

limitations of ownership imposed by the govt for the welfare of community.

Front 2

P=Police Power

Back 2

enabling acts grant authority from the state to local govt to protect the public health and safety
Zoning-ordinances-bldg codes- CH 19

Front 3

E=Eminent Domain

Back 3

right of govt to take privately owned real estate for public use

Front 4

Condemnation

Back 4

Privately owned -->public use
-legitimate use by courts
-just compensation
-rights of owner protected

Front 5

T=Taxation

Back 5

charge on real estate to raise funds to meet the cost of govt operations

Front 6

E=Escheat

Back 6

ownership will revert to the state when owner dies without a will and has not heirs

Front 7

Intestate

Back 7

Dies without a will

Front 8

Estates in land

Back 8

defines the owner's degree, quantity, nature and extent of interest in land

Front 9

Leasehold Estate

Back 9

estate for fixed period of time

Front 10

Freehold Estate

Back 10

estates for indeterminable period of time
-Fee simpnle (highest interest)
-Fee simple absolute
-Fee simple defeasible

Front 11

Fee Simple Estate

Back 11

Highest level of ownership

Front 12

Fee Simple Absolute

Back 12

no limitation except for public and private restrictions (zoning, covenants)

Front 13

Fee Simple Defeasible

Back 13

limited to duration
-Conventional life
-Legal Life

Front 14

FSD- Conventional

Back 14

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

Front 15

FSD- Legal Life

Back 15

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

Front 16

Encumbrance

Back 16

claim, charge, liability
-attaches to real estate
-restrictions, easements, encroachment,
-effect condition or use of property

Front 17

Liens

Back 17

Monetary Charge
-charge against property that provides security for the debts or other onigations of property owner

Front 18

Deed Restriction

Back 18

private agreement that affects the use of the land

Front 19

Easement

Back 19

right to use the land of another for particular purpose
-appurtenant
-easement in gross
-party wall
-by necessity
-prescription
-condemnation

Front 20

Appurtenant easement

Back 20

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)

Front 21

Easement in gross

Back 21

individual interest in or right to use the land of another
ie utilities

Front 22

Party Wall Easement

Back 22

used for a wall that straddles property line of adjacent properties with different owners

Front 23

Easement by Necessity

Back 23

arising because owners have INGRESS to and EGRESS from their land (road)

Front 24

Easement by prescription

Back 24

arises when use has been continuous, exclusive and without owner's permission
-open, notorious, visible
-tracking

Front 25

Easement by condemnation

Back 25

acquired for public use, requires compensation for loss of value

Front 26

Creating an easement

Back 26

Express grant in deed from owner
Express reservation by the grantor in a deed of conveyance
By Use
By implication

Front 27

Terminating Easement

Back 27

*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
*

Front 28

License

Back 28

privileged to use another's land for specific purpose
***can be terminated by licensor

Front 29

Encroachment

Back 29

anything extending from one property across property line or beyond legal limits

Front 30

Riparian rights

Back 30

rights granted of land along the RIVER, STREAM
non-navigable, navigable (commerce)

Front 31

littoral rights

Back 31

rights of owner whos land borders commercially navigable lakes, seas and oceans

Front 32

Accretion

Back 32

Increases in land by water

Front 33

Erosion

Back 33

loss of soil

Front 34

Avulsion

Back 34

sudden removal of land due to act of nature

Front 35

Doctrine of prior appropriation

Back 35

the right to use any water, except for limited use, is controlled by the state rather than the landowner