Chapter 3 Property Ownership

Question 1

Appurtenant Easement

Answer 1

An easement that passes with the lane when conveyed. This tenement, which benefits from the easement, and a servient tenement over which the easement runs.

Question 2

Curtesy

Answer 2

A life estate, usually a fractional interest, given by some states to the surviving husband in real estate owned by his deceased wife.

Question 3

Deed Restriction

Answer 3

A limitation on future use of property, placed by the seller.

Question 4

Dower

Answer 4

The legal right or interest, recognized by some states, that a wife acquires in the property her husband held or acquired during their marriage

Question 5

Easement

Answer 5

A right to use the land of another for a specific purpose. It is not an estate in land; it is an incorporeal or nonpossessory interest in land

Question 6

Easement by Condemnation

Answer 6

An easement acquired by a public body through the power of eminent domain; Just compensation must be paid to the owner of the servient tenement for such acquisition.

Question 7

Easement by Necessity

Answer 7

An easement allowed by law as necessary for the full enjoyment of a parcel of real estate; an easement of ingress and egress.

Question 8

Easement by Prescription

Answer 8

An easement acquired by the continuous, open, uninterrupted, exclusive and adverse use of the property for the period of time prescribed by state law.

Question 9

Easement in Gross

Answer 9

An easement that is not created for the benefit of any land owned by the owner of the easement, but which attaches personally to the easement owner

Question 10

Easement in Gross

Answer 10

An easement that is not created for the benefit of any land owned by the owner of the easement, but which attaches personally to the easement owner

Question 11

Eminent Domain

Answer 11

The right of a government or quasi-public body to acquire property for public use through a court action called condemnation

Question 12

Encroachment

Answer 12

A building or some portion of it – a wall or fence, for instance – that extends beyond the land of the owner and illegally intrudes upon some land of an adjoining owner.

Question 13

Escheat

Answer 13

The reversion of property to the state or county, as provided by state law, in cases where a property owner dies without leaving any ascertainable heirs and without leaving a will.

Question 14

Estate in Land

Answer 14

The degree, quantity, nature and extent of interest that a person has in real property; an estate always involves possession, presently or in the future.

Question 15

Fee Simple Absolute

Answer 15

The maximum possible estate or right of ownership in real property; continuing forever.

Question 16

Fee Simple Defeasible

Answer 16

An estate in land where the holder of the estate has fee simple title that may be divested on the occurrence or nonoccurrence of a specified even. There are two categories of defeasible fee estates; determinable fee and fee simple subject to a condition subsequent.

Question 17

Freehold Estate

Answer 17

An estate in land in which ownership is for an indeterminable length of time

Question 18

Freehold Estate

Answer 18

An estate in land in which ownership is for an indeterminable length of time

Question 19

Future interest

Answer 19

A person’s present right in real property that will not result in use, possession or enjoyment until some time in the future.

Question 20

Homestead

Answer 20

Land that is owned and occupied as the family home. In many states, a portion of the area or value of this land is protected or exempt from judgements for unsecured debts

Question 21

Leasehold Estate

Answer 21

A tenant’s right to occupy real estate during of the lease

Question 22

License

Answer 22

A revocable permission for a temporary use of land– a personal right that cannot be sold or assigned to another.

Question 23

Lien

Answer 23

A right given by law to certain creditors to have their debt paid out of the property of a defaulting debtor, usually by means of a court sale.

Question 24

Life Estate

Answer 24

An interest in real or personal property that is limited in duration to the lifetime of the owner or some other designated person

Question 25

Littoral Rights

Answer 25

A landowner’s claim to use water in large, navigable lakes and oceans adjacent to his or her property; also, the ownership rights to land bordering these bodies of water up to the high-water mark.

Question 26

Party Driveway

Answer 26

One that is shared by adjoining parcels of real estate; a “common driveway.” Each landowner may obtain an easement over the neighbor’s portion of the driveway

Question 27

Party Driveway

Answer 27

One that is shared by adjoining parcels of real estate; a “common driveway.” Each landowner may obtain an easement over the neighbor’s portion of the driveway

Question 28

Party Wall

Answer 28

One supporting two adjoining buildings on two different lots. Each

Question 29

Party Wall

Answer 29

One supporting two adjoining buildings on two different lots. Each landowner owns half the wall and has an easement to use the other half

Question 30

Party Wall

Answer 30

One supporting two adjoining buildings on two different lots. Each landowner owns half the wall and has an easement to use the other half

Question 31

Police Power

Answer 31

The governments right to impose laws, statutes, and ordinances, including zoning ordinances and building codes, to protect