Chapter 2 quiz Flashcards
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
in order to be effective, a lien should be:
A. Recorded
in real estate law, the word fee is closest in meaning for:
an estate of inheritance
Estate of inheritance is an estate which may descend to heirs. It is a freehold interest in land where the tenant is not only entitled to enjoy the land for his own life, but where, after his death, it is passed by the law upon the person or persons who successfully represent him in perpetuum in right of blood, according to a certain established order of descent. All freehold estates are estates of inheritance, except estates for life.
bob gives an estate to Jim for the life of sue. which of the following is true?
Jim has an estate pur autre vie.
pur autre vie: When the lifetime of a life estate is measured by the life of someone other than the grantee
Except for property tax liens and in some cases mechanic’s liens, priority of liens is determined by the:
Date of recording
the Joneses have purchased an acre of land in Elite acres subdivision and are aware of the fact that covenants might limit the ways in which they use their property. which is true of private restrictions?
covenants can be based on aesthetic consideration.
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answer is not C because the stricter requirement always prevails
smith signs an agreement with jones to use and possess jones’s land until May 1st. their agreement creates?
an estate for years. (has a stated date; no noticed is needed unless put in the agreement)
telephone lines are example of:
an easement in gross.
what can be acceptable methods of terminating an easement?
abandonment of the easement by the owner of the dominant estate.
the owner of the servient 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 servient estate by the owner of the dominant estate.
NOT: revocation of the easement by the owner of the servient estate.
Release - written release from the owner of the dominant estate to the owner of the servient estate
Merger - if both parties come under one ownership the easement no longer exists
Expiration of purpose - The purpose for the easement ends.
Abandonment - an easement can end when it has been abandoned. But non use is not abandonment. There must be positive action that shows the holder of the eastment no longer intends to use it.
Prescription - A prescriptive easement is terminated when the holder of the servient estate openly and continuosly prevents the easement holder from using the it for the statutory period of time, usually the same time as is required to create the easement.
Neccesity - Lasts only as long as the neccesity lasts
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RmEAPN
what is CORRECT concerning a conventional life estate?
the owner is called the life tenant
the owner does not have to die for the estate to end
a life estate may be sold, leased or mortgage
(Use Monica using nana’s apartment after her death example as au tre vie and nana being the life tenant)
A “homestead” might be defined as a family home. some states have Homestead Laws which afford some protection for the home from seizure to pay depts of a deceased owner/breadwinner. These laws are designed to protect?
the bereaved family.
what do Dower and Curtesy rights have in common?
Legal life estate.
LEGAL LIFE ESTATES. and consist of dower and curtesy, which are future rights that only become possessory upon the death of a spouse.
which of the following phrases would be most typical of a fee simple determinable estate?
“for so long as…”
the government’s right to make laws and regulations for the general welfare is known as:
police power
does a private landowner have the right to disinherit heirs?
yes
