Chapter 13 - Rights and others rights

Question 1

GOVERNMENT RIGHTS TO YOUR PROPERTY

Answer 1

1) POLICE POWER - establish laws to protect public
2) EMINENT DOMAIN - right of gov’t to take private property for GOOD OF THE PUBLIC.
- —- owner receives compensation
- —- done through condemnation
- —- only gov’t can condemn something
3) TAXATION - right to tax people to pay for public services
4) ESCHEAT - right of gov’t to acquire private property when
- —– Property is abandoned (DIDN’T PAY TAXES)
- —– Owner dies intestate and has no heirs

Question 2

Involuntary Alienation

Answer 2

transfer of ownership without the owner’s wishes or intent

Question 3

Encumbrance

Answer 3

right held by someone else that limits or burdens the property / title — many type of encumbrances

Question 4

easement

types of easements (3)

Answer 4

gives someone else right to use your property while you retain the ownership

• can be created by deed, necessity, long term use
• can be terminated by abandonment, agreement, merger, no more need
  1) appurtenant easement
  2) Easement by Prescription
  3) Easement in Gross

Question 5

APPURTENANT EASEMENT

Answer 5

given for benefit of particular piece of property
If land that benefits is sold - easement stays with property

Easement by necessity
Grandpa’s farm = servient tenement
Lady who uses drive = dominant tenement

Question 6

EASEMENT BY PRESCRIPTION

Answer 6

can acquire title by ADVERSE POSSESSION, must file QUIET TITLE SUIT

\_\_ this is someone elses property \_\_\_\_
Exclusive (only one using it) 
Continuous (used regularly) 
Open (used in plain view) 
Hostile & Notorius (used without permission) 

Ex. kids use cut through to go to school. Neighbor sells home and new owner closes cut through. Parents can sue.

Question 7

EASEMENT IN GROSS

Answer 7

not tied to any land
Owned by person or company
Applies to utilities, commerical usage, railroads etc.

Question 8

Restrictions (private / not government)

Answer 8

MUST BE RECORDED AT PURBLIC RECORDS OFFICE TO BE ENFORCEABLE
- Can be enforced through court
Can learn about them by looking it up
Restrictions run with the land

Question 9

Encroachments

john & elaina’s property / fence line

Answer 9

form of trespassing 
May need court to correct it
Action should be taken 
Surveys reveal land boundaries 
Can sue for damages

Question 10

Liens

Answer 10

Money related charge

Question 11

Specific Lien

Answer 11

applies to ONE SPECIFIC property

• property tax lien for non payment
• mortgage lien for unpaid mortgage balance
• workmans, or mechanics lien for unpaid labor

Question 12

General Lien

Answer 12

On real and Personal Property

• income tax lien
• judgment lien

Question 13

What are the steps of a Judgment Lien

Answer 13

1) Lis Pendens: notice of litigation
2) Attachment - courts freeze property can’t be sold
3) Judgment - you win or lose suit
4) Writ of execution - court order to seize and sell property

Question 14

License to use

Answer 14

give permission for someone to use property

license to use, not transferable to other parties, no notice to cancel

Question 15

Water Rights

Answer 15

Riparian Water Right

if you have property by water, you can use it but not influence use of others on water

Question 16

Riparian Water Rights

Navigable vs. Non navigable

Answer 16

Navigable - water you can go up and down with boat, owner’s own up to water’s edge
Non -Navigable - owner owns to center

Question 17

Erosion

Answer 17

gradual wearing away of soil

Question 18

Littoral land

Answer 18

Property back to sea or ocean

Question 19

Accretion

Answer 19

gradual increase of land due to soil

Question 20

Avulsion

Answer 20

sudden disappearance of land cause by nature (flood)