(Ch. 13) Condemnation And Adverse Possession Flashcards
- “Quieting a title” most nearly means:
(A) to obtain title by adverse possession.
(B) to color a title.
(C) to mortgage the property
(D) to settle a cloud on the title by court action
D
Often used to settle adverse possession or prescriptive easement disputes
- To establish a claim of title of a parcel of realty by adverse possession, a claimant must hold the parcel for the required time and such possession must be:
(A) either exclusive or in common with others, provided substantial enclosure and improvement or annual cultivation can be proved
(B) uninterrupted for the statutory period, with or without owner’s consent.
(C) under any circumstances, provided a claim for color of title is filed.
(D) exclusive, continuous, uninterrupted, visible and notorious.
D
Needs to be hostile; if with owner’s con- sent, then claimant would be a licensee.
- Joe, Helen and Mary Travers own a large home on a ten-acre parcel of land, all of which is needed by the state due to the creation of a new state highway. Regarding this case, all of the following statements are correct EXCEPT:
(A) The Travers may voluntarily agree to sell the land to the state.
(B) If the state needs the land for a public purpose, it may obtain title to it even if the Travers refuse to sell.
(C) If the state acquires the land, the owners must be justly compensated for it.
(D) Severance damages may be awarded
D
Severancee damages are paid only when there is a partial taking.
- Which of the following elements is NOT required for adverse possession?
(A) The possession must be without permission.
(B) The possession must be notorious.
(C) The possession must be under claim of right
(D) The possession must be held by tacking.
D
Could be one claimant for the statutory period
- The right of eminent domain refers to:
(A) the right of every American citizen to own property.
(B) an institution to condemn property pending an improvement that is for the good of the community.
(C) an institution or individual to acquire land by grant from the government.
(D) the government right to acquire or authorize others to acquire title for public use with just compensation.
D
An inherent right of government.
- A landowner can prevent an adverse claim by all of the following methods EXCEPT:
(A) ousting the trespasser.
(B) giving the trespasser permission to stay.
(C) preventing trespassers from entering.
(D) observing the trespasser.
D
Knowledge of the trespasser will not be a defense to a claim for adverse possession.
- Compensation usually follows a court action relating to which of the following?
(A) Trustee’s sale.
(B) Police power.
(C) Eminent domain.
(D) Quiet title.
C
No compensation is paid when government exercises police power.
- Adverse possession will be valid against:
(A) the lawful owner.
(B) the state.
(C) the county
(D) the federal government.
A
An adverse possession claim will only be valid against the lawful owner.
- possession claim may not be brought against which of the following?
(A) Government-owned land
(B) Industrial property
(C) Agricultural land.
(D) Commercial property
A
A claim for adverse possession is not valid against property devoted to public use and certain government-owned land.
- A claim for adverse possession is most nearly valid where:
(A) the person occupies the premises for the statutory period with or without the owner’s consent.
(B) the adverse possessor occupied continuously for the statutory period
(C) the land is state-owned.
(D) the possessor paid just compensation
B
Adverse possession requires unbroken possession for 30 or 60 years
- Which of the following is necessary to acquire title by adverse possession?
(A) 60 years’ continuous use against the will of the owner.
(B) Pay fair market value.
(C) A condemnation hearing.
(D) A color of title action.
A
A claim for adverse possession is not valid against property devoted to public use and certain government-owned land.
- The act or process of taking private property for a public purpose is called:
(A) eminent domain.
(B) police power.
(C) escheat.
(D) condemnation.
D
Eminent domain is the power and con demnation is the process of taking the property.
