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53 Cards in this Set

  • Front
  • Back
Define license:
the revocable permission for a temporary use of land-a personal right that can not be sold
Define eminent domain:
the right of a goverment quasi-public body to acquire property for public use through a court action
Define police power:
the goverments right to impose laws,statues,and ordinances,including zoning ordinances and building codes,to protect the public health, safefty,and welfare
Define escheat:
the reversion of property to the state or county in cases where a decedent dies intestate without heirs capable of inheriting, or when the property is abandoned
Define taxation:
the process by which a goverment or municipal quasi-public body raises monies to fund its operation
Define riparian rights:
a owners rights in land that borders on or includes a stream,river,or lake--these rights include access to and use of the water
Define littoral rights:
1)a landowners claim to use water in large navigable lakes and oceans adjacent to his/her property
2)the ownership rights to land bordering these bodies of water up the high-water mark
Define avulsion:
the sudden tearing waay of land,as by earthquake,flood,volanic action,or the sudden change in the course of a stream
Define accretion:
the increase or addition of land by the deposit of sand or soil washed up natuarlly from a river,lake,or sea
Define servient tenement:
land on which an easement exists in favor of an adjacent property
Define condemnation:
a judical or adminstrative proceeding to exercise the power of eminent domain,through which a goverment agency take private property for public use and compensates the owner
Define erosion:
the gradual wearing away of land by water,wind,and general weather conditions--the diminishing of property by the elements
Define remainder interest:
the remnant of an estate that has been conveyed to take effect and be enjoyed after the termination of a prior estate,such as when an owner conveys a life estate to on e party and the remainder to another
Define fee simple determinable:
a fee simple estate with a special limitation-it may end automatically in a way that has already been determined
Define fee simple estates:
unlimited duration,they are said to run "forever"--also referred to as an estate of inheritance
Define life estate pur autre vie:
a life estate based on the lifetime of a person other than the life tenant
Define curtesy:
the life estate that a husband has in the real estate on his deceased wife
Define Uniform Probate Code:
gives the surviving spouse a right to take elective share on the death of the other spouse--In IL
Define dower:
the life estate that a wife has in the rear estate of her deceased husband
Define quick-take:
a summary proceeding in which a plantiff/condemnor may obtain immediate fee simple title to real property,including the rights of possession and use
Define doctrine of prior appropiation:
the right to use any water,with the exception of limited domestic use,is controlled by the state rather than by the landowner adjacent to the water
Define homestead:
land that is owned and occupied as the family home
Define encumbrance:
anything that may dimish the value or use and enjoyment of a property
Define appurtenant easement:
an easement that is annexed to the ownership of one parcel and allows the owner the use of the neighbors land
Define Deed restrictions:
clausesin a deed limiting the future uses of the property
Define Lien:
the right given by law to certain creditors to have thier debts paid out of the property of a defaulting debtor,usually by means of a court sale
Define dominant tenement:
a property that includes in its ownership the appurtenant right to use an easement over another person's property for a specific purpose
Define party wall:
a wall that is located on or at a boundary line between 2 adjoining parcels of land & is used or is intended to be used by the owners of both properties
Define easement:
a right to use the land of another for a specific purpose,such as a right-of-way or utilities
Define easement by condemnation:
an easement created by the goverment that has exercised its right under eminent domain
Define easement in gross:
an easement that is not created for the benefit of any land owned by the owner of the easement but that attaches personally to the easement owner--hunting rights on land
Define easement by necessity:
an easement allowed by law as necessary for the full enjoyment of a parcel of real estate
Define easement by prescription:
an easement acquired by continuous,ope,and hostile use of the property for the period of time prescribed by state law
Define encroachment:
a building or some portion of it that extends beyond the land of the owner and illegally intrudes on some land of a adjoining owner or street or alley
Define fee simple defeasible:
an estate in which the holder has a fee simple title that may be divested on the occurence or nonoccurence of a specific event
Define leasehold estates:
a tenants right to occupy real estate during the term of a lease,generally considered to be a personal property interest
Define future interests:
a persons present right to an interest in real property that will not result in possession or enjoyment until some time in the future
Define life tenant:
a person in possession of a life estate
Define life estate:
an interest in real or personal property that is limited in duration to the lifetime of its owner or some other designated person or persons
Define reversionary interest:
the remnant of a estate that the grantor holds after granting a life estate to another person
Define fee simple absolute:
the maximum possible estate or right of ownership of real property,continuing forever
Define estate in land:
the degree, quantity, nature, and extent of interest a person has in real property
Define freehold estate:
an estate in land in which ownership is for an indeterminant length of time
Name the 2 classifications for estate in land:
1)freehold estates
2)leasehold estates
Name the 2 major divisions of fee simple estates:
1)fee simple absolute
2)fee simple defeasible
Name 2 types of fee simple defeasible estates:
1)fee simple with condition susequent
2)fee simple determinable
Name 3 types of life estates:
1)conventional life estate
2)life estate pur autre vie
Name 6 types of easements:
1)party wall
2)easement by necessity
3)easement by prescription
4)easement by condemnation
5)easement in gross
6)appurtenant easement
What is a survey sketch?
a survey that only sketches the lot outline and shows the lot dimensions
What is a spot survey?
a survey that shows the location of all improvements located on a property and whether they extend over the lot or building lines
What are the 4 goerment powers?
Police power
Eminent domain
What are 4 physical encumbrances?
(a)How much is allowed for Homestead(single and married),(b)how many at one time, and (c)how is it waived?
a)$7500 single/$15000 married
c)in writing