Assessment Flashcards

1
Q

___ is the right of the government to acquire privately owned real estate for public use.

A

Eminent Domain

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2
Q

___ is the process by which the government exercises its eminent domain rights.

A

Condemnation

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3
Q

A(n) ___ is a legal life estate in real estate occupied as the principal residence.

A

Homestead

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4
Q

A(n) ___ is the highest interest in real estate recognized by law.

A

Fee simple absolute

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5
Q

___ easements are attached to the ownership of one parcel and allows the owner the use of a neighbor’s land.

A

Appurtenant

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6
Q

Easements ___ are attached personally to the owner and not the land.

A

in gross

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7
Q

Easements ___ are created using another’s land for a certain period.

A

By prescription

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8
Q

Easements ___ are based on the principle that owners must have the right to enter and exit their land.

A

By necessity

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9
Q

Deed restrictions are illegal. True or false?

A

False

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10
Q

The owner of Lot 1 has an appurtenant easement across Lot 2 to gain access to his property from the paved road. Lot 1 holds the ___ tenement.

A

Dominant

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11
Q

The owner of Lot 1 has an appurtenant easement across Lot 2 to gain access to his property from the paved road. Lot 2 holds the ___ tenement.

A

Servient

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12
Q

A city decides to build a new library. The city has the right to take the land by ___ as long as just compensation is paid to property owners.

A

Eminent domain

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13
Q

A purchaser of real estate learned that his ownership rights could continue forever and that no other person could claim to be the owner or exert any ownership control over the proerty. This person owns a…

A

Fee simple absolute interest

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14
Q

A person owned the fee simple title to a vacant lot adjacent to a hospital and was persuaded to make gift of the lot. She wanted to have some control over its use, so her attorney prepared her deed to convey 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 a…

A

Fee simple determinable

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15
Q

Your neighbors regularly use your driveway to reach their garage, which is on their property. Your attorney explains that ownership of the neighbor’s real estate includes an easement appurtenant giving them the right to do this. Your property is the…

A

servient tenement

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16
Q

A tenant who rents an apartment from the owner of the property holds…

A

a leasehold interest

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17
Q

If the owner of real estate does not take action against a persistent trespasser before the statutory period has passed, the trespassor may acquire…

A

an easement by prescription

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18
Q

A property owner wants to use water from a river that runs through his property to irrigate a potato field. To do so, the owner is required by his state’s law to submit an application to the Department of Water Resources describing in detail the beneficial use he plans for the water. If the department approves the property owner’s application, it will issue a permit allowing a limited amount of river water to be diverted onto the property. Based on these facts, what doctrine of law is the state likely relying upon in requiring the property owner to submit his application?

A

Doctrine of prior appropriation

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19
Q

Which of the following is NOT a governmental power?
A) easement in gross
B) Police power
C) Eminent domain
D) Taxation

A

Easement in gross

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20
Q

Property deeded to a town “on the condition that it is used for recreational purposes” conveys a(n)…

A

Condition subsequent

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21
Q

A property owner has the legal right to pass over the land owned by her neighbor. This is a(n) ___.

A

Easement

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22
Q

Which of these is a legal life estate:
A) Leasehold
B) Homestead
C) Fee simple absolute
D) Determinable fee

A

Homestead

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23
Q

A father conveys ownership of his residence to his daughter to last for the length of his life. The interest the daughter owns during her father’s lifetime is…

A

pur autre vie

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24
Q

An owner has a fence on her property. By mistake, the fence extends one foot onto the property of a neighbor. The fence is an example of…

A

an enroachment

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25
___ on real estate includes easements and enroachments
Encumbrances
26
A person has permission from a property owner to hike on the owner's property during autumn months. What does the hiker have?
A license
27
In Illinois, the homestead exemption is limited to $___ per head of household.
$15,000
28
If the owner of either property involved in an easement becomes the owner of both properties, what happens to the easement?
It terminates
29
In Illinois, a ___ easement may be established by 20 years of uninterrupted, exclusive use under the claim of right and without the owner's permission.
prescriptive
30
In Illinois, an easement by prescription is established after ___ years.
20
31
In Illinois, if real property escheats, ownership of the property goes to the ___ in which it is located.
County
32
The type of easement that is a right-of-way for a utility company's power lines is an easement...
in gross
33
A state's power to enact legislation that preserves order, protects the public health and safety, and promotes the general welfare is called its...
police power
34
What are the 4 governmental rights that affect real estate?
1) Taxation 2) Eminent domain 3) Escheat 4) police power
35
The process by which the government exercises its right to acquire privately owned real estate for public use through either judicial or administrative proceedings is called ___.
Condemnation
36
___ is the process by which the state acquires privately owned property when no owner can be found
Escheat
37
___ estate is the highest interest in real estate recognized by law.
Fee simple absolute
38
When the creator of a life estate chooses not to name a(n) ___, ownership returns to the original owner upon the end of the life estate
Remainderman
39
A(n) ___ is a legal life estate in real estate occupied as a family home
Homestead
40
An easement ___ is attached to the ownership of real estate and allows the owner of that property the use of a neighbor's land.
Appurtenant
41
An easement that arises when an owner sells property that has no access to a street or public way except across the seller's remaining land is an easement...
by necessity
42
The concept of ___ provides that successive periods of continuous occupation by different parties may be combined to reach the required total number of years necessary to establish a claim for an easement by prescription.
Tacking
43
A(n) ___ may be terminated or canceled by the owner of the property, and it ends on the death of either party or the sale of the affected property.
License
44
Dower and curtesy are types of...
Legal life estates
45
Real estate taxes, mortgages, and judgements are examples of possible ___ against an owner's real estate
liens
46
Convenants, conditions, and restrictions are used by subdivision developer to maintain...
specific standards in a subdivision
47
The right of a government to acquire privately owned real estate for public use is called...
Eminent domain
48
The process by which the government exercises its right of eminent domain is called...
Condemnation
49
A charge imposed on real estate to raise funding for government services
Taxation
50
The automatic transfer of real property to the state when the owner dies without heirs or a will
escheat
51
The degree, quantity, nature, and extent of an owner's interest in real property
Estate in land
52
A class of estates in land that lasts for an indeterminable period of time
Freehold estates
53
A class of estates in land for which the length of time can be determined
Leasehold estates
54
An estate qualified by some action or activity that must or must not be performed
Fee simple defeasible
55
An estate based on the lifetime of a person other than the life tenant
Life estate pur autre vie
56
The person to whom property passes when a life estate ends
Remainderman
57
A legal life estate in which an individual's primary residence is protected, in whole or in part, against certain creditors
Homestead
58
An interest in real estate that does not rise to the level of ownership or possession yet still gives some degree of use or control of the property
Encumbrance
59
A charge against property that provides security for a debt or obligation of the property owner
Lien
60
A private agreement that affects the use of land
Deed restriction
61
The right to use another's land for a particular purpose
Easement
62
When a building, fence, or driveway illegally extends beyond the boundaries of the land of its owner or legal building lines
Enroachment
63
A personal privilege to enter the land of another for a specific purpose
License
64
A type of life estate established by state law rather than voluntarily by an owner is a(n)...
legal life estate
65
A fee simple ___ is qualified by a special limitation that ends the estate automatically on the current owner's failure to comply with this element.
Determinable
66
A life estate is a type of ___ estate that is limited in duration to the life of the owner or some other specified person/ persons.
Freehold
67
In a fee simple subject to a condition subsequent estate, the right of reentry may never take effect. Therefore this right is considered to be a(n)...
future interest
68
A railroad right of way is an example of what type of easement?
Easement in gross
69
If the creator of a life eestate does not name a remainderman, the original owner retains a(n) ___ upon the end of the life estate
Reversionary interest
70
A(n) ___ cannot violate any law, such as fair housing law, by attempting to prohibit certain property transfers
Deed restriction
71
When a claimant has used another person's land for a certain period of time and in a manner defined by state law, the claimant can claim what type of easement?
Easement by prescription
72
When 2 properties share a party wall that straddles the boundary line between the 2 lots, each owner owns half ot he wall on each lot and has a(n) ___ easement in the other half of the wall.
appurtenant
73
A spouse dies leaving real estate owned as a separate property to the surviving spouse, but with the provision that when the surviving spouse dies, the real estate goes to a specified charity. The surviving spouse owns a bundle of legal rights but does not own the right to...
Dispose the property
74
Every workday for the past 20 years, an accountant has paid to park in a specific place in a nearby parking garage. Today the accountant receives a notice that the garage will be replaced by an office building. Can the property owners do this after all the years the accountant parked there? Why or why not?
Yes because the accountant only had a license
75
A property owner conveyed a one acre parcel of land to a preschool. The deed stated that the property was to be used only as a playground; the property owner reserved a right of reentry. What kind of estate has been granted?
Fee simple subject to a condition subsequent
76
A property owner gave land to a school "so long as the land is used for only academic and recreational purposes." The ownership interest granted here is called...
Fee simple determinable
77
If the government acquires privately owned real estate through a condemnation suit, it is exercising its power of...
eminent domain
78
A resident of Sunny Oaks owned 2 acres of land, sold 1 acre, and reserved an easement appurtenant for entrance and exit over that acre to reach the public road. The acre that was sold is the...
servient tenement
79
A large undeveloped parcel of land on the side of a hill borders a road on its lower edge. The owner of the parcel sells the lower portion of the property to a buyer who builds a home on it. Several years later, the upper portion of the property is sold to someone else. The upper portion of the property does not border any road. To gain access to the road, the owner of that real property has a legally implied right to what type of easement?
Easement by necessity
80
If the dominant estate merges with the servient estate, the easement is ___.
terminated
81
The homestead exemption in a town is $15,000. Four years ago, a resident purchased a home for $58,000 and then experienced hard times. At a court ordered sale, the property is purchased for $60,000. If the resident has an outstanding mortgage balance of $35,000 and credit card debts accounting to $24,360, how much is protected by the homestead exemption?
$15,000
82
A patient dies in a nursing home, he left no will and had no heirs. What happens to his $250,000 estate?
It escheats to the county
83
Two ___ and two ___ must exist for an appurtenant easement to exist.
Adjacent parcels; different owners
84
___ are private agreements that affect the use of land
Deed restrictions
85
The electric company has the right to extend its wires over 50 parcels of land, becuase of what right?
Easment in gross
86
For as long as anyone can remember, neighbor families have used a footpath to get to the river. Recently, the current owner of the footpath erected a fence across the path. Which easement might neighbors claim that would require the owner of the footpath to remove the fence?
Easement by prescription
87
The holder of a life estate is called...
a life tenant