Chapter 3 Flashcards
A joint tenancy is where two or more persons acquire an ___ ____ interest in a property. When one person dies, that person’s share automatically goes to the _____.
equal undivided interest
surviving joint tenant(s)
Name an example of a form of waste as it pertains to real property
voluntary waste: direct acts that result in damage beyond the use a life tenant is entitled to make (ie pulling down a garage)
permissive waste: allowing a property to deteriorate without any positive acts
ameliorating waste: direct, positive acts which improve rather than destroy the property
equitable waste: life tenant who is not liable for common law waste decides to destroy the buildings on the property so that the remainder man would have little to inherit
A ___ ___ refers to a group of restrictive covenants attaching to two or more lots within a particular development plan, and which usually aims at ensuring that a certain level of uniformity is maintained within the development
building scheme
Describe airspace in both its historical and current context
historically, one owned the airspace above a parcel of land “to the heavens” . Today, airspace refers to the legal concept that a person who owns land also owns as much of the airspace above the land as he/she can effectively use.
What is profit a prendre?
A right to take the produce or part of the soil from the lands of another.
Define fee simple
The legal term for the maximum interest in land available to a person, or the maximum of legal ownership. In many ways, fee simple is equivalent to absolute ownership.
TF? The dominant tenement is the land to which the benefit o fa right is attached.
True
TF? An encumbrance is a judgement, mortgage or lien or any other claim which is registered against the title to land.
True
Articles of personal property, as opposed to real property, are known as _____
chattels
What is a restrictive covenant?
A covenant restricting the use of land for the servient tenement (covenantor) for the benefit of land belonging to the covenantee (dominant tenement). example: restriction on the height of a building on one piece of land so that adjacent lands are not deprived of view
A tenancy in common is where tow or more persons acquire ____ in a single ____ and each ma sell or bequeath their interest. Additionally, in the event of death, their interest becomes part of their ___.
interests
property
estate
TF? A life estate is an interest in land to be enjoyed during a person’s life, and may be carried on after that person’s death.
False. A life estate may be enjoyed during the holders life; however the life estate ends on that persons death.
The right to have one’s ground supported so that it will not cave when an adjoining owner makes an excavation is known as:
support
A life estate __ ___ __ is the form of life estate where length of estate is measured against the life of another person
pur autre vie
What does a license do with respect to real property?
A license gives rights to enter a premises for a certain purpose. However the right does not provide the licensee any title, interest or estate in the property. (ie. hotels and innkeeper entry)
