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36 Cards in this Set
- Front
- Back
Estates in land |
The degree quantity nature and extent of Interest a person has in real property |
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Freehold estate |
An estate in land in which ownership is for an indeterminate length of time in contrast to a leasehold estate |
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Fee simple |
The highest interest in real estate recognized by the law the holder is entitled to All rights to the property |
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Fee simple defeasible |
a qualified fee estate that is subject to the occurrence or nonoccurrence of some specified event |
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Fee simple determinable |
A fee simple defeasible estate that may be inherited. |
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Fee simple subject to a condition subsequent |
And estate carrying the limitation that if it's no longer used for the purpose conveyed it revert to the original grantor by the right of reentry |
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Future interest |
A persons present right to an interest in real property that will not result in possession or enjoyment until sometime in the future such as a reversion or right of re-entry |
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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 |
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A life estate based on the life of the holder of the estate is not inheritable true or false |
True |
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A life estate passes to the Future owner according to the provisions by which the life estate was created true or false |
True |
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The holder of a life estate is called a _________ |
Life tenant |
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Life estate pur autre vie |
A life estate that is measured by the life of a person or persons other than the grantee |
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Remainder interest |
The creator of the life estate may name a remainderman as the person to whom the property will pass when the life estate ends |
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Reversionary interest |
Ownership goes back to the original owner upon the end of the life estate |
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Legal life estate |
A form of life estate established by state law. |
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Homestead |
Land that is owned and occupied as the family home |
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Encumbrance |
A claim, charge, or liability that attaches to real estate and may or may not be monetary |
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Lien |
A charge against property providing security for a debt or an obligation of the owner |
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Deed restrictions |
Clauses in a deed limiting the future uses of the property |
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Covenants conditions and restrictions (cc&r's) |
Private agreements that affect land use. They may be enforced by an owner of real estate that benefits from them and can be included in the seller's deed to the buyer |
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Easement |
The right to use the land of another for a particular purpose |
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Easement appurtenant |
An easement attached to the ownership of real estate and allows the owner of that property the use of a neighbor's land. |
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For an easement appurtenance to exist two adjacent Parcels of land must be owned by two different parties. True or false |
True |
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Easement in Gross |
An individual or company interest in or right to use someone else's land |
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Easement by necessity |
An easement Allowed by law is necessary for the full enjoyment of a parcel of Real Estate |
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Easement by prescription |
An easement acquired by open notorious continuous hostile and a diverse use of the property for the period of time prescribed by state law. |
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Terminate an easement |
The need no longer exists Abandonment Nonuse Release of right |
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Encroachment |
A building or some portion of it a wall or fence for instance that extends beyond the land of the owner and illegally intrudes on the land of an adjoining owner or public Street or alley. |
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Lis pendens |
A notice filed in the public record of a pending legal action affecting the title to or possession of property. |
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Police power |
The government's right to impose laws, statues, and ordinances, including zoning ordinances and building codes, to protect the public health, safety, and Welfare |
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Eminent Domain |
The right of the government to acquire privately owned real estate for public use |
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Condemnation |
A Judicial or administrative proceeding to exercise the power of eminent domain through which a government agency takes private property for public use and compensates the owner |
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Taking |
Process of land being taken from a property owner for public use through eminent domain with the requirement that the owner be compensated fairly |
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Inverse condemnation |
Action brought by a property owner seeking just compensation for diminished use and value of land because of an adjacent property's public use |
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Taxation |
A charge on real estate to raise funds to finance the operation of government facilities and services |
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Escheat |
The reversion of property to the state or county has provided by state law in cases in which a descendant dies in the state without heirs capable of inheriting, or when the property is abandoned. |