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23 Cards in this Set

  • Front
  • Back

Bundle of Rights

Includes possession, use/control, enjoyment, disposition

Encumbrances

Limitations/restrictions on the bundle of rights

Estate in land

Present or future right to possess the property

Freehold estate

Lasts indefinitely and can be inherited

Fee simple absolute estate

Most complete ownership of rights to land

Fee simple determinable

"for so long as" the land is used for x reason. Automatically reverts

Fee simple on condition subsequent

"on the express condition" that the land is used for x reason. Must sue for possession

Encumbrances

External limitations that restrict an owners rights

Police power

The right of government to enact and enforce laws that regulate the use of private property. No guaranteed compensation

Eminent Domain

Governments power to take property when it is needed for a public purpose. Must be just compensation

Escheat

State governments right to take over property that is abandoned or owner without a will or heirs dies

Lien

A monetary claim a creditor has on the property as security for payment of a debt

Vendors lien

Seller finance lien

Vendees lien

Buyers lien for amount of the deposit and related expenses

Attachment lien

Grants the court custody of a specific property to prevent the owner from transferring ownership during a suit

Judgement lien

General lien against any real or personal property owned by the defendant in that county

Lis pendens

Alerts titles searchers that a suit is pending

Easement

Non-possessory, incorporeal right one person has to use another's land in a specified manner for a specified purpose

Personal Easement in gross

Irrevocable use of the land for a specified reason during the lifetime of the grantee and not transferable

License

Personal permission to use without the creation of an estate. Short-term and can be terminated by owner at anytime

Covenant

Promise made in a sales contract, lease or deed that specifies how the property shall be used

Laches

Waiting too long to exercise one's right may nullify that right

Conditions

Found in deeds and are indefinite