Chapter 24- Real Property And Enviromental Law

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an item of personal property that has become so closely associated with real property that it is legally regarded as part of that real property

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fixture

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an ownership interest in land in which the owner has the greatest possible aggregation of rights, privileges, and power. the most complete form of ownership

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fee simple absolute

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a common law doctrine under which persons may be held liable for using their property in a manner that unreasonably interferes with others' rights to use or enjoy their own property

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nuisance

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an interest in land that exists only for the duration of the life of a specified individual, usually the holder of the estate

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life estate

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the transfer of title to real property from one person to another by deed or other document

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conveyance

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in the context of real property, an interest that involves the right to use land but not the right to possess it

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nonpossessory interest

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a nonpossessory right, established by express or implied agreement, to make limited use of another's property without removing anything from the property

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easement

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in real property law, the right to enter onto another's property and remove something of value from that property

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profit

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in the context of real property, a revocable right or privilege to enter onto another person's land

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license

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an implied promise by a seller of a new house that the house is fit for human habitation. Also, the implied promise by a landlord that rented residential premises are habitable

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implied warranty of habitability

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a document by which title to real property is conveyed

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deed

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a deed that provides the greatest amount of protection for the grantee, in that the grantor promises that she or he has title to the property conveyed in the deed, that there are no undisclosed encumbrances on the property, and that the grantee will enjoy quiet possession of the property

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warranty deed

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a deed that warrants only that the grantor held good title during his or her ownership of the property and does not warrant that there were no defects of title when the property has held by previous owners

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special warranty deed

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a deed that conveys only whatever interest the grantor had in the property and therefore offers the least amount of protections against defects of title

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quitclaim deed

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statuses that allow deeds, mortgages, and other real property transactions to be recorded so as to provide notice to future purchasers or creditors of an existing claim on the property

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recording statuses

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the acquisition of title to real property by occupying it openly, without the consent of the future owner, for a period of time specified by a state statute

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adverse possession

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what are the requirements for acquiring property by adverse possession?

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Occupation must be actual, exclusive, open, continuous, and in opposition to all others, including the owner

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the power of government to take land from private citizens for public use on the payment of just compensation

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eminent domain

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the process of taking private property for public use through the government's power of eminent domain

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condemnation

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the taking of private property by the government for public use through the power of eminent domain

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taking

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a contract by which the owner of real or personal property (the landlord or lessor) grants someone else (the tenant or lessee) an exclusive right to use and possess the property, usually for a specified period of time, in return for rent or some other form of payment

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lease

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an interest in real property that gives a tenant a qualified right to possess and/or use the property for a limited time under a lease

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leasehold estate

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a type of tenancy under which property is leased for a specified period of time, such as a month, a year, or a period of years

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fixed-tern tenancy

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a type of tenancy created by lease for an indefinite period with payment of rent at fixed intervals, such as week to week, month to month, or year to year

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periodic tenancy

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a type of tenancy that either the landlord or the tenant can terminate without notice

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tenancy at will

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a type of tenancy under which a tenant continues wrongfully to occupy leased property after the lease has terminated

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tenancy at sufferance

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a landlord's act of depriving a tenant of possession of the leased premises

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eviction

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a form of eviction that occurs when a landlord fails to perform adequately any of the duties required by the lease, thereby making the tenant's further use and enjoyment of the property exceedingly difficult or impossible

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constructive eviction

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a tenant's transfer of all or part of the leases premises to a third person for a period shorter than the lease term

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sublease

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a civil wrong arising from exposure to a toxic substance, such as asbestos, radiation, or hazardous waste

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toxic tort

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a formal analysis required for any major federal action that will significantly affect the quality of the environment to determine the action's impact and explore alternatives

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environmental impact statement (EIS)

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water-saturated, protected areas of land that support wildlife

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wetlands