Chapter 35 Vocabulary

Question 1

An item of personal property that has become so closely associated with real property that it is legally regarded as part of that real property.

Answer 1

Fixture

Question 2

An ownership interest in land in which the owner has the greatest possible aggregation of rights, privileges, and power.

Answer 2

Fee Simple

Question 3

An interest in land that exists only for the duration of the life of a specified individual, usually the holder of the estate.

Answer 3

Life Estate

Question 4

The transfer of title to real property from one person to another by deed or other document.

Answer 4

Conveyance

Question 5

The use of real property in a manner that damages or destroys its value.

Answer 5

Waste

Question 6

Joint ownership.

Answer 6

Concurrent Ownership

Question 7

Joint ownership of property in which each party owns an undivided interest that passes to his or her heirs at death.

Answer 7

Tenancy in Common

Question 8

Joint ownership of property by two or more co-owners in which each co-owner owns an undivided portion of the property. On the death of one of the join tenants, his or her interest automatically passes to the surviving joint tenant(s).

Answer 8

Joint Tenancy

Question 9

Joint ownership of property by a married couple in which neither spouse can transfer his or her interest in the property without the consent of the other.

Answer 9

Tenancy by the Entirety

Question 10

A form of concurrent property ownership in which each spouse owns an undivided one-half interest in property acquired during the marriage.

Answer 10

Community Property

Question 11

An interest in real property that gives a tenant a qualified right to possess and/or use the property for a limited time under a lease.

Answer 11

Leasehold Estate

Question 12

A type of tenancy under which property is leased for a specified period of time, such as a month, a year, or a period of years.

Answer 12

Fixed-Term Tenancy (Tenancy for Years)

Question 13

A lease interest in land for an indefinite period involving payment of rent at fixed intervals, such as week to week, month to month, or year to year.

Answer 13

Periodic Tenancy

Question 14

A type of tenancy that either the landlord or the tenant can terminate without notice.

Answer 14

Tenancy at Will

Question 15

A tenancy that arises when a tenant wrongfully continues to occupy leased property after the lease has terminated.

Answer 15

Tenancy at Sufferance

Question 16

In the context of real property, an interest that involves the right to use land but not the right to possess it.

Answer 16

Nonpossessory Interest

Question 17

A nonpossessory right, established by express or implied agreement, to make limited use of another’s property without removing anything from the property.

Answer 17

Easement

Question 18

In real property law, the right to enter into another’s property and remove something of value from that property.

Answer 18

Profit

Question 19

In the context of real property, a revocable right or privilege to enter into another person’s land.

Answer 19

License

Question 20

An implied promise by a seller of anew house that the house is fit for human habitation. Also, the implied promise by a landlord that rented residential premises are habitable.

Answer 20

Implied Warranty of Habitability

Question 21

A document by which the real property is passed.

Answer 21

Deed

Question 22

A deed that provides the greatest amount of protection for the grantee. The grantor promises that she or he has title to the property conveyed in the deed, that there are no undisclosed encumbrances on the property, and that the grantee will enjoy quiet possession of the property.

Answer 22

Warranty Deed

Question 23

A deed that warrants only that the grantor held good title during his or her ownership of the property and does not warrant that there were no defects of title when the property was held by previous owners.

Answer 23

Special Warranty Deed

Question 24

A deed that conveys only whatever interest the grantor had in the property and therefore offers the lest amount of protection against defects of title.

Answer 24

Quitclaim Deed

Question 25

A statute that allows deeds, mortgages, and other real property transactions to be recorded so as to provide notice to future purchasers or creditors of an existing claim on the property.

Answer 25

Recording Statute

Question 26

The acquisition of title to real property through open occupation, without the consent of the owner, for a period of time specified by a state statute. The occupation must be actual, exclusive, open, continuous, and in opposition to all others, including the owner.

Answer 26

Adverse Possession

Question 27

The power of a government to take land from private citizens for public use on the payment of just compensation.

Answer 27

Eminent Domain

Question 28

The judicial procedure by which the government exercises its power of eminent domain. It generally involves two phases: a taking and a determination of fair value.

Answer 28

Condemnation Proceedings

Question 29

The taking of private property by the government for public use through the power of eminent domain.

Answer 29

Taking

Question 30

A landlord’s act of depriving a tenant of possession of the leased premises.

Answer 30

Eviction

Question 31

A form of eviction that occurs when a landlord fails to perform adequately any of the duties required by the lease, thereby making the tenant’s further use an enjoyment of the property exceedingly difficult or impossible.

Answer 31

Constructive Eviction

Question 32

A tenant’s transfer of all or part of the leased premises to a third person for a period shorter than the lease term.

Answer 32

Sublease