Chapter 5 Flashcards
Adverse Possession
The means of acquiring title to land against the real owner, where possession has been actual, open, hostile, exclusive, continuous, and under claim of right for the statutory period of 20 years.
Before and After Method
An appraisal method used in condemnation cases where there has been a partial taking of the property.
Condemnation
The process by which property of a private owner is taken for public use, with just compensation to the owner, under the right of eminent domain.
Covenant
An agreement written into deeds and other instruments which promises or guarantees that something shall or shall not be done; an agreement stipulating certain uses or non-uses of property.
Dedication
An appropriation of land by its owner for sone public use, and acceptance for such use by authorized public officials on behalf of the public. In certain cases five years of uninterrupted public use will be considered an acceptance.
No compensation.
Dominant Estate
An estate attached to the benefitting from the servient estate, e.g., an easements rinds over the servient estate and serves the dominant estate; also called dominant tenement.
Easement Appurtenant
An easement that is attached to and runs with the land, it cannot exist apart from the particular land to which it is attached.
Easement in Gross
An easement which encumbers the land, and is usually given to a quasi-public corporation, such as the electric or phone company.
Ejectment
A form of action to regain possession of real property, with damages for the unlawful retention; generally used when there is no landlord/tenant relationship.
Eminent Domain
The right of a government to take private property for public use upon the payment of just compensation.
Encroachment
A building or fixture that intrudes partly or wholly upon the property of another.
Encumbrance
A claim, lien, charge or liability attached to and bid i g upon real property that affects or limits the title or use thereof, e.g., mortgage, lien, easement.
Lateral Support
The support that the soil of an adjoining owner gives to his neighbors land.
License
A personal privilege to perform some act on the land of another.
Marketable Title
Title free and clear of objectionable liens or encumbrances; title which is free from reasonable doubts or defects, which can be readily sold or mortgaged.
Partial Taking
The taking of a portion of a piece of property through condemnation.
Party Wall
A wall erected on the line between adjoining properties that are under separate ownership, for the use of both owners.
Prescription
An easement or title obtained by possession for a prescribed period; prescriptive rights.
In Hawaii it’s for 20 years. Similar to adverse possession.
Quiet Title
A court action brought to establish title or remove a cloud on the title; an action clearing tax titles or titles based upon adverse possession.
Restriction
A clause in a deed or other written instrument limiting the use to which the property may be put.
Restrictive Covenant
A limitation on the use of a property placed in a deed; a private restriction.
Running with the land
A covenant that extends beyond the original parties to an agreement and binds all subsequent parties.
Servient Estate
An estate of land over which an easement exists in favor of the dominant estate; servient tenement.
Express grant or reservation
Grantor grabs an easement to someone over their property. Should be signed, delivered, acknowledged, and recorded. Recorded is not necessary.
Implied grant or reservation
Owner forgot after selling part of his land.
Easement created because court considers the owner intended to create one.
De minimis structure
The new law gives minor allowable tolerances for different types of properties that are:
Commercial, industrial, multi-unit residential and hotels: 3 inches
Residential: 6 inches
Agricultural and rural: 9 inches
Conservation: 18 inches
Zero lot line
Allows for neighbor’s property to have no side setback and provides for common walls. Houses share walls in common.
