Chapter 2 Flashcards
The government’s right to make laws and regulations for the general welfare is known as..?
Police power.
The City of Atlanta has condemned Nelson’s land in order to extend its rapid transit services. This procedure is made possible because of the city’s right of..?
Eminent domain.
A private landowner has the right to..?
Reject a claim for taxes
Repudiate a zoning ordinance
**Disinherit heirs
Refuse to sell the property or otherwise prevent the city from taking it for use as a street
In order to be effective, a lien should be..?
Recorded.
The total collection of rights that may be claimed by private ownership is best described as..?
The bundle of rights.
In real estate law, the word fee is closest in meaning to..?
An estate of inheritance.
What is correct about an estate?
It can exist simultaneously with another estate in the same property.
When given an estate for the life of somebody, what is this called?
An estate pur autre vie.
A right or claim of a creditor to have a debt satisfied from the proceeds of the sale of the debtors property in the event of default is..?
A lien.
Except for the property tax liens and in some cases mechanic’s liens, priority of fiends is determined by the..?
Date of recording.
Jones, a life tenant, grants Smith an easement across Jones’ land. Later Jones dies. The easement will..?
Terminate.
The Joneses have purchased an acre of land in Elite Acres subdivision and are aware of the face that covenants might limit the ways in which they use their property. Which is true of private restrictions..?
Covenants can be based on aesthetic considerations.
Unauthorized intrusion of a building, improvement, or other attachment onto a neighboring land is..?
An encroachment.
Smith signs an agreement with Jones to use and possess Jones’s land until May 1st. Their agreement creates..?
An estate for years.
All of the following can be characteristic of an easement EXCEPT..?
An easement creates an interest that may be protected from third party interference.
An easement can be created by conveyance.
An easement is an incorporeal right in the land of another.
**An easement may be revoked at will by the servient landowner.
Telephone lines are an example of..?
An easement in gross.
The law allows a person furnishing labor or materials for the improvement of real property to file a mechanic’s lien against the property so improved if he/she is not paid. Which of the following is correct concerning such liens?
**A mechanic’s lien will expire if the claimant does not take the necessary steps to enforce it.
A mechanic’s lien takes priority over all other liens.
A mechanic’s lien is a general lien.
All of the following can be acceptable methods of terminating an easement, EXCEPT..?
Abandonment of the easement by the owner of the dominant estate.
The owner of the servant estate openly and continuously prevents the easement owner from exercising his/her right to use for a statutory period of time.
Express release to the owner of the servant estate by the owner of the dominant estate.
**Revocation of the easement by the owner of the servant estate.
Farmer Brown is tired of hard work. He is deeding 165 acres of his farm to his son and keeping only 5 acres and a house for his own use. He will need an easement across his son’s land so that he can get to his own. How is the easement created?
Through a reservation in the deed.
Which of the following is INCORRECT concerning a conventional life estate?
The owner is called the life tenant.
The owner does not have to die for the estate to end.
**Life estates aways pass to the remainderman.
A life estate may be sold, leased, or mortgaged.
A freehold estate is defined as one that..?
Will last indefinitely.
Revocable permission granted to hunt on another’s land is an example of..?
An incorporeal easement.
**A license.
An easement by prescription.
An easement appurtenant.
What do dower and curtesy rights have in common?
Legal Life Estate.
Which of the following phrases would be most typical of a fee simple determinable estate?
“For so long as”
