Ch1 Definitions Flashcards
Greek goddess protector of boundaries
Terminus
Challenge, dispute. (Middle English)
Calenge
Strife, contention. (Old English)
Ceast
Boundary (Gaelic)
Erioch
Division, boundary. (Old French)
Devise
Strife, dispute (old English)
Flit
End, boundary. (Welsh)
Fyn
Marker boundary blaze on tree (old Norse)
Grima
Landmark boundary, settlement on a boundary (Old Norse)
Ra’
Boundary, boundary creek. (Old Danish)
Skial
Boundary (Welsh)
Terfyn
Dispute (Old English)
Threap
International boundary between nations or between subdivisions of nations
Macro boundary
Boundary on a local level, such as between land grants or, possibly, individual parcels of land.
Micro boundary
Trees are marked and identified in field notes as
Line tree or Tree on line
Terminal points
Corners
A new survey that identifies the existing condition of the boundary lines at the time of the recent conveyance but written in terms of the original description.
Retracement
Written document or legal instrument by which one can claim ownership to a separate and distinct identifiable parcel of land or property.
Land title
Means or vehicle, usually documents, by which one acquires an estate.
Title
Attributes that a person may hold by being a landowner
Rights
any right, claim, or privilege that an individual has toward property
Interest
Old English term for boundary
Maere
Assorted rights, both corporeal and incorporeal, that are held together by ownership or title.
Bundle of rights
Highest ownership interest in land
Fee simple absolute
If no heirs are produced by the grantee, the estate reverts to the grantor
Fee tail or Estate tail
Freehold estate that lasts only the life of the person
Life estate
An estate that lasts the life of someone other than the holder of the estate
Estate per autre vie
The purchaser has to pay the seller a payment in money at specific intervals, theoretically, forever
Quitrent
(Latin for “the law of the place”)[1] is a shorthand version of the choice of law rules that determine the lex causae (the laws chosen to decide a case).
Lex loci
set of doctrines in which a court prevents a litigant from taking an action the litigant normally would have the right to take, in order to prevent an inequitable result.
Estoppel
Fixed immovable permanent property
Real property
Property that is consumable, can be destroyed, or is movable at will.
Personal property
Means by which one can claim just or legal possession to a parcel of land
Title
An estate in which a future event must be met. The title is conveyed on the condition that certain things will be done or not done within a time limit.
Defensible fee simple estate
Estate limited to the life of the person holding it
Estate for life
Created by a lease between two parties whose relationship is that of a landlord and tenant
Estate for years
Estate that may be terminated at any time as described by law or contract.
Estate at will
One of the bundle of rights that enjoys a boundary. An interest that one person has in the land of another. A non possessory right.
Easment
Permits the possessor of the easement to do some physical act on, under, or over the lands of another party
Affirmative or Positive easement
The land an easement benefits
Dominant estate
The land which an easement is attached
Servient estate
an easement that is intended to benefit a particular piece of land (dominant estate/tenement) rather than a particular individual.
Appurtenant easement
Holder of the dominant estate can prevent the servient estate holder from some use of the property. This prevents landowners from building or altering their land in such a way as to block sunlight, air, or water flowing in a defined channel, or to take away lateral support to adjacent property.
Negative easement
Easement to an individual for a specific purpose
Easement in gross
An easement that exists only by necessity because no other means of egress and ingress exists. Once an alternative means is available the easement ceases to exist
Easement by necessity
Easement created by: Adverse use without permission Open and notorious Continuous use For a specific purpose Use for the statutory period
Easement by prescription
Personal, revocable, and usually unassignable permission or authority to do acts on the land of another without possession of an interest in the land
License
Restriction or a limited real right over another person’s property that entitles the holder to certain powers of use and enjoyment or prohibitions of use in relation to that property
Servitude
An easement is a type of
Real servitude
Is established for the benefit of a particular estate of land and is held for the benefit of the estate and not the individual.
Predial servitude
An agreement between persons or parties that restricts the use of a freehold property
Covenant
