Chapter 5

Question 1

Adverse Possession

Answer 1

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.

Question 2

Before and After Method

Answer 2

An appraisal method used in condemnation cases where there has been a partial taking of the property.

Question 3

Condemnation

Answer 3

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.

Question 4

Covenant

Answer 4

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.

Question 5

Dedication

Answer 5

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.

Question 6

Dominant Estate

Answer 6

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.

Question 7

Easement Appurtenant

Answer 7

An easement that is attached to and runs with the land, it cannot exist apart from the particular land to which it is attached.

Question 8

Easement in Gross

Answer 8

An easement which encumbers the land, and is usually given to a quasi-public corporation, such as the electric or phone company.

Question 9

Ejectment

Answer 9

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.

Question 10

Eminent Domain

Answer 10

The right of a government to take private property for public use upon the payment of just compensation.

Question 11

Encroachment

Answer 11

A building or fixture that intrudes partly or wholly upon the property of another.

Question 12

Encumbrance

Answer 12

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.

Question 13

Lateral Support

Answer 13

The support that the soil of an adjoining owner gives to his neighbors land.

Question 14

License

Answer 14

A personal privilege to perform some act on the land of another.

Question 15

Marketable Title

Answer 15

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.

Question 16

Partial Taking

Answer 16

The taking of a portion of a piece of property through condemnation.

Question 17

Party Wall

Answer 17

A wall erected on the line between adjoining properties that are under separate ownership, for the use of both owners.

Question 18

Prescription

Answer 18

An easement or title obtained by possession for a prescribed period; prescriptive rights.
In Hawaii it’s for 20 years. Similar to adverse possession.

Question 19

Quiet Title

Answer 19

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.

Question 20

Restriction

Answer 20

A clause in a deed or other written instrument limiting the use to which the property may be put.

Question 21

Restrictive Covenant

Answer 21

A limitation on the use of a property placed in a deed; a private restriction.

Question 22

Running with the land

Answer 22

A covenant that extends beyond the original parties to an agreement and binds all subsequent parties.

Question 23

Servient Estate

Answer 23

An estate of land over which an easement exists in favor of the dominant estate; servient tenement.

Question 24

Express grant or reservation

Answer 24

Grantor grabs an easement to someone over their property. Should be signed, delivered, acknowledged, and recorded. Recorded is not necessary.

Question 25

Implied grant or reservation

Answer 25

Owner forgot after selling part of his land.
Easement created because court considers the owner intended to create one.

Question 26

De minimis structure

Answer 26

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

Question 27

Zero lot line

Answer 27

Allows for neighbor’s property to have no side setback and provides for common walls. Houses share walls in common.