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30 Cards in this Set

  • Front
  • Back

qualified fee estate

a fee simple estate subject to certain limitations imposed by the grantor (person creating the estate)

fee simple determinable estate

a fee estate limited by the happening of a certain event. example as long as the land is being used for the church.

fee simple subject to condition subsequent

gives the grantor the right to terminate the estate. example if it is no longer being used for the intended purpose the grantor(remainder man) can take back the land

remainderman

one who is entitled to take an estate in remainder also called the grantor

fee simple upon condition precedent

title does not take effect until a condition is performed.

life estate

the conveyance of fee title for the duration of someone's life. Someone must be named to acquire the estate upon its termination( the life tenant dies)

life tenant

one who possesses a life estate; the one who is receiving the property for their life.

reversion

the right to retake title at a later date

statutory estate

estate created by law and includes dower, curtsey, community property, and homestead rights

dower

the legal right of a widow (wife) to a portion of her deceased husbands real property.

curtsey

the legal right of a widower (husband) to a portion of her deceased wife's real property.


community property

spouses are treated as equal partners with each owning one-half interest.

leasehold estate

(tenant) an estate in land where there is possession but not ownership

estate for years

any lease with a specific start time and a specific ending time.

periodic estate

a tenant that provides for continuing automatic renewal until canceled, such as a month to month rental

estate at will

an estate that can be terminated by the lessor or lessee at any time.

tenancy at sufferance

occurs when a tenant stays beyond legal tenancy with out the consent of the landlord.

what are the governments rights?

taxation, eminent domain, police power, eschest

what are some encumbrances?

liens, restrictions, encroachments, easements( in gross & appurtenant) & leases

what are the water rights

littoral rights (lakes and sea) riparian rights(rivers and streams) prior appropriation( the first to divert the water for personal use may continue to do so)

allodial system

holding land in absolute ownership

suite to quiet title

legal action intended to establish or settle the title claim to a particular property

special assessment

levees for improvements, such as sidewalks and waterlines, made to a property

Lis Pending

this notice renders a property unmarketable because of a litigation is pending

general lien

lien against all property of a person, real and personal property

fee simple defeasible

a special limitation with a possibility of reverting

leasehold interest

lessee's interest in the leased premises

leased fee interest

lessor's interest in a leased property

homestead

the land, and improvements thereon, designated by the owner as the owners homestead and therefore, protected by state law from forced sale by certain creditors of the owner

what are legal life estate created by law?

dower, curtsey, homestead