South Carolina Real Property Law Ch 11

Front 1

IN WHAT WAYS ARE ESTATES CREATED?

Back 1

ORIGINAL ENTRY
INVOLUNTARY TRANSFER
VOLUNTARY TRANSFER
DESCENT(DEATH)
ADVERSE POSSESSION
ACCRETION

Front 2

THE TRANSFER OF ONE'S PROPERTY TO ANOTHER IS _____

Back 2

ALIENATION

Front 3

TWO WAYS OF INVOLUNTARY TRANSFER(SALE WITHOUT OWNER'S CONSENT)

Back 3

1. JUDICIAL SALE(OWES JUDGEMENT)
2. TAX SALE

Front 4

VOLUNTARY TRANSFERS(ALIENATION) ARE BY:

Back 4

WILL OR DEDICATION

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_______ IS THE GRADUAL IMPERCEPTIBLE INCREASE OF LAND ON A SHORE OR BANK OF STREAM BY WATER THROUGH NATURAL CAUSES

Back 5

ACCRETION

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A FORM OF ACCRETION THAT IS THE ACCUMULATION OF LAND WHEN IT IS ADDED GRADUALLY AT THE SHORE OR BANK

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ALLUVION

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THE GRADUAL INCREASE IN LAND, DUE TO PERMANENT WITHDRAWAL OR RECEDING OF WATER

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RELICTION

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WHEN AN OWNER PUTS RESTRICTIONS ON HOW A LAND MAY OR MAY NOT BE USED IS CALLED A _____RESTRICTION

Back 8

DEED

Front 9

WHEN AN OWNER HAS THE RIGHT TO USE REAL PROPERTY OWNED BY ANOTHER BY A SPECIFIC REASON

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EASEMENT

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TWO TYPES OF EASEMENT ARE??

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1.EASEMENT APPURTENANT(LIMITATION WRITTEN INTO THE DEED)
2.EASEMENT IN GROSS(SUCH AS THE RIGHT TO CROSS OVER LAND TO GET TO A PONG)

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____POSSESSION WHEN ONE ENTERS INTO ACTUAL PHYSICAL POSSESSION OF THE LAND AND REMAINS ON IT EXCLUSIVELY,HOSTILEY,OPENLY AND NOTORIOUSLY

Back 11

ADVERSE

Front 12

EASEMENTS ARE CREATED BY:

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DEED
NECESSITY(FORCE OF LAW)
PRESCRIPTION (OPEN CONTINUOUS ADVERSE TRESPASS
IMPLICATION

Front 13

REASONS FOR TERMINATION OF EASEMENTS

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BY RELEASE,BY MERGER,BY EXPIRATION,PRESCRIPTION,ABANDONMENT,ESTOPPEL,LICENSE,PROFIT A PRENDRE,ENCROACHMENTS,NUISANCE

Front 14

TERMINATION OF EASEMENT BY _____ IS A LEGAL DOCTRINE WHICH BARS ONE'S ALLEGING OR DENYING A FACT

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ESTOPPEL

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TERMINATION BY _____IS WHEN THE SERVIENT TENANT HAS USED HIS LAND CONTINUOUSLY AND INTERRUPTEDLY FOR A PERIOD OF TIME

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PRESCRIPTION

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AN _______IS AN ILLEGAL INFRINGEMENT UPON THE PROPERTY OF ANOTHER

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ENCROACHMENT

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A_____IS AN UNWARRANTED UNREASONABLE OR UNLAWFUL ACTIVITY ON ONE'S PROPERTY THAT INTERFERES WITH THE NEIGHBOR'S ENJOYMENT OF PROPERTY

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NUISANCE

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A ____ _ ___ IS THE RIGHT TO TAKE SOMETHING FROM THE LAND OF ANOTHER (WATER, MINERALS,GAME)

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PROFIT A PRENDRE

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A _____ IS THE RIGHT GIVEN TO ANOTHER, BY THE PROPERTY OWNER,TO USE HIS LAND FOR A PARTICULAR PURPOSE

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LICENSE

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WHEN A NUISANCE BOTHERS ONE PERSON IT'S CALLED A ___NUISANCE, WHEN ITS MANY IT'S A ___NUISANCE

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PRIVATE
PUBLIC

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WHEN SOMEONE DIES WITHOUT HEIRS THEIR PROPERTY GOES TO THE ___AND THIS IS CALLED WHAT?

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STATE
ESCHEAT

Front 22

POLICE POWER PLACES LIMITATIONS ON CITIZENS BY;

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HEALTH AND SANITATION
ENVIRONMENT PROTECTION
SUBDIVISION REGULATIONS
BUILDING CODES
PLANNING AND ZONING LAWS

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_____IS SEEN AS A FUNCTION OF LOCAL GOVT TO SERVE AS THE BLUEPRINT FOR THE FUTURE

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PLANNING

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A _____ORDINANCE CONSISTS OF A MAP SHOWING THE LOCATION OF THE PROPERTY TO REGULATE USE OF LAND AREAS

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ZONING

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5 ZONING ORDINANCES ARE:

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1.NONCOMFORMING USE
2.VARIANCE(EXCEPTION)
3.SPOT ZONING
4.BUFFER ZONE(SEPERATES)
5.TAXATION OF REAL ESTATE

Front 26

3 EXAMPLES OF GENERAL LIENS:

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FEDERAL TAX LIENS
STATE TAX LIENS
DECEDENT'S DEBT LIEN

Front 27

TWO TYPES OF LIENS BY CREDITORS:

Back 27

GENERAL
SPECIFIC

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A______LIEN ATTACHES TO A PARTICULAR PIECE OF PROPERTY

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SPECIFIC

Front 29

A _____LIEN IS A LIEN BINDING THE SPECIFIC PROPERTY PLEDGED AS SECURITY FOR REPAYMENT OF A DEBT

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MORTGAGE

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SPECIFIC LIENS CONSIST OF 4 TYPES

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1.MORTGAGE
2.AD VOLOREM PROPERTY TAX LIEN
3.SPECIAL ASSESSMENTS
4.MECHANIC'S LIEN

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__ _____ PROPERTY TAX LIEN ARE A FIRST LIEN AGAINST THE PROPERTY TAXED AND BECOME SO AUTOMATICALLY

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AD VOLOREM

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SPECIAL ASSESSMENTS ARE CHARGES MADE UPON SPECIFIC REAL PROPERTY THAT HAS BENEFITTED BY A LOCAL ______.

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IMPROVEMENT

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A LIEN ON PROPERTY BY SOMEONE WHO PERFORMS LABOR ON THE PROPERTY IS A ______LIEN.

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MECHANIC'S

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A _____IS THE COURT'S FINAL ORDER IN A LAWSUIT THAT THE DEFENDANT MUST PAY THE PLAINTIFF.

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JUDGEMENT

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SOIL THAT BUILDS UP AS A RESULT OF ACCRETION IS;

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ALLUVIUM

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THE SUDDEN WASHING OR TEARING OF LAND BY WATER IS_____.

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AVULSION

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SPECIFIC LIENS ARE AGAINST A _____PROPERTY

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SPECIFIC

Front 38

_____TAX ALWAYS TAKES THE PRIORITY LIEN REGARDLESS OF DATE OF RECORD

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PROPERTY

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A MECHANICS LIEN MUST BE FILED WITHIN ____ DAYS AFTER WORK IS COMPLETED

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180

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TO TRANSFER PROPERTY BY WILL IS TO _____THE PROPERTY

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DEVISE

Front 41

PRIVATE LAND USE CONTROLS ARE REFLECTED IN DEED AS A_____

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RESTRICTION

Front 42

A CERTIFICATE OF _____ENABLES YOU TO MOVE IN

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OCCUPANCY

Front 43

CERTIFICATE OF OCCUPANCY DOES WHAT 3 THINGS?

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1.INDICATES THERE ARE NO BUILDING VIOLATIONS
2.ISSUED BY GOVERNMENTAL AUTHORITY
3.ALLOWS THE PROPERTY TO CLOSE & BUYER TO OCCUPY

Front 44

A _____ZONE IS A STRIP OF LAND (NORMALLY WITH TREES) THAT SEPERATES TWO POSSIBLY CONFLICTING LAND USES

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BUFFER

Front 45

WHAT IS THE RIGHT FOR GOVERNMENT TO SEIZE PROPERTY?

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EMINENT DOMAIN
(PUBLIC GOOD, RIGHT OF COMPENSATION, RIGHT TO APPEAL(FOR COMPENSATION ONLY).)

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______ IS THE ACTUAL ACT OF THEM BULLDOZING AN EMINENT DOMAIN

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CONDEMNATION

Front 47

IF YOU HAVE NO WILL, NO HEIRS, AND YOUR PROPERTY RETURNS TO THE STATE, WHAT DOES THE GOVERNMENT DO TO YOUR PROPERTY?

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THEY ESCHEAT IT

Front 48

HOW DO YOU FIGURE CONVEYANCE TAX (DEED RECORDING FEE)?

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1.85 PER/500.00
ALWAYS ROUND TO THE NEXT DOLLAR

Front 49

FORMULA FOR SC REAL PROPERTY TAX (SIX STEPS)

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1.TAX APPRAISED VALUE x 2.ASSESSMENT RATIO 4 OR 6%x 3. ASSESSED VALUE x MILLAGE RATE x 4. MILLAGE RATE x 5. TAX BILL. 5. SC TAXABLE YEAR

Front 50

OWNER OCCUPIED PROPERTY TAX IS __%. ALL OTHER PROPERTY IS ___%.

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4
6

Front 51

A ____ ____ IS A RECORDED DOCUMENT THAT GIVES CONSTRUCTIVE NOTICE OF PENDING ACTION

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LIS PENDENS

Front 52

CREDITOR LIMITATIONS ON INDIVIDUAL AND ALL HIS PROPERTY ARE _____LIMITATIONS

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GENERAL