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43 notecards = 11 pages (4 cards per page)

Viewing:

Unit 3 real estate

front 1

Fee Simple

back 1

The highest interest in real estate recognized by law in which the holder is entitled to all rights to the property

front 2

Reversionary Interest

back 2

Ownership goes back to the original owner upon the end of the life estate

front 3

Life Estate

back 3

A freehold estate limited in duration to the life of the owner or the life of some other designated person or persons

front 4

Remainder interest

back 4

The person named by the creator of a life estate to receive the property when the life estate ends

front 5

Freehold estates last for a specified length of time, such as one year.

back 5

false

front 6

Unlike other freehold estates, a life estate is not inheritable. It passes to future owners according to the provisions of the life estate.

back 6

true

front 7

Does Bernardo have the right to use Debra's driveway?

back 7

No, because the easement he gave to Marissa is no longer valid.

front 8

What should Bernardo have done to have the right to use Debra's driveway?

back 8

Reserved an easement right over the original property when he sold it to Debra

front 9

What is Bernardo's BEST recourse at this point?

back 9

Build a new driveway that is on the property he now owns.

front 10

Encumberance

back 10

a claim, charge, or liability that attaches to real estate, and may or may not be monetary

front 11

deed restrictions

back 11

Private rule that limits the use of the property and is binding on all future grantees

front 12

easment

back 12

The right to use the land of another for a particular purpose, including the airspace above or a right-of-way across the land

front 13

lien

back 13

a charge against property providing security for a debt or an obligation of the owner

front 14

License

back 14

a personal privilege the enter the land of another for a specific purpose; differs from an easement in that it can be terminated or canceled

front 15

An encumbrance is not an estate, so it does NOT allow possession.

back 15

True

front 16

Covenants, conditions, and restrictions (CC&Rs) are police powers that affect land use.

back 16

False

front 17

Escheat

back 17

Transfer to the state when an owner dies and no heir can be found

front 18

Police power

back 18

Zoning, Building codes

front 19

Eminent domain

back 19

Taking private land through condemnation

front 20

Escheat is a process by which the state may acquire privately owned real or personal property.

back 20

True

front 21

Condemnation is the right of the government to acquire privately owned real estate for public use. Eminent domain is the process by which the government exercises this right, by either judicial or administrative proceedings.

back 21

False

front 22

The government's authority to appoint local citizens to serve on boards to govern compliance with zoning standards and building codes for their communities is an example of

back 22

police power

front 23

In order to prevent property from being ownerless or abandoned, the government acquires property through the process of

back 23

escheat.

front 24

An encroachment describes improvements that

back 24

extend over adjoining lot lines.

front 25

State environmental protection laws are examples of

back 25

police power.

front 26

The process whereby the government acquires privately owned property for public use is

back 26

condemnation.

front 27

Because a homeowner failed to pay the real estate taxes on time, the taxing authority imposed a claim against the homeowner's property. This claim is known as

back 27

a lien.

front 28

An owner conveys ownership of a residence to a church but reserves a life estate in the residence. The future interest held by the church is

back 28

a remainder.

front 29

A life estate that is not created by a property owner is

back 29

the legal life estate.

front 30

The new owner of a property installs a fence on the property. By mistake, the fence extends one foot over the lot line onto a neighbor's property. The fence is an example of

back 30

an encroachment.

front 31

A homestead exemption protects the property owner entitled to the exemption from

back 31

judgments for debts, but not those used to purchase or improve the homestead property.

front 32

A property on Main Street that was formerly a retail store will become the site of a new city hall, made possible by the government's power of

back 32

eminent domain.

front 33

Which of the following is NOT an encumbrance on real estate?

back 33

Fixture

front 34

A landowner has divided a large parcel of land into smaller parcels and has recently sold a tract near a nature preserve that is landlocked and cannot be entered except through one of the other tracts. The buyer of that property will probably be granted what type of easement by court action?

back 34

Easement by necessity

front 35

An easement appurtenant

back 35

runs with the land.

front 36

After negotiation and payment, the owner of a lot has granted a neighbor an easement, which was recorded. All of the following are true of the easement EXCEPT

back 36

it can be revoked.

front 37

The city wants to acquire private land for a park. The city can obtain the land by paying fair value under the right of

back 37

eminent domain.

front 38

A parcel of land that has no direct access to a street or public way, except over land of its previous owner, will benefit from

back 38

an easement by necessity.

front 39

A homestead is a legal life estate in real estate that is

back 39

occupied as the family home.

front 40

The owner of fee simple title to a vacant lot adjacent to a hospital decided to make a gift of the lot to the hospital. The deed conveyed ownership of the lot to the hospital "so long as it is used for hospital purposes." After completion of the gift, the hospital will own

back 40

a fee simple determinable.

front 41

A property owner dies without a will or lawful heirs. By what process does the property revert back to the government?

back 41

escheat

front 42

Which of the following is NOT a governmental power?

back 42

Condemnation

front 43

A person has permission from a property owner to hike on the owner's property during the autumn months. The hiker has

back 43

a license.