Chapter 7/8 Flashcards
An ____________ is an owner’s interest in a property in which two or more parties share ownership.
Undivided interest
possession. If the interest-holder enjoys the right of possession, the party is considered to have an _____________.
Estate in land
If a private interest-holder does not have the right to possess, the interest is an _________________.
Encumbrance
If the interest-holder is not private, such as a government entity, and does not have the right to possess, the interest is ______________.
Some form of public interest
The prime example of public interest is ___________, or the right of the local or county government to zone.
Police power
______________ is when the power of the government, or a public utility such as the power company, takes private property for public use.
Eminent domain
3 reasons the government may not take private property:
1) the taking confers a private benefit on a particular private party.
2) the taking is for a public use that is merely a pretext to confer a private benefit on a private party
3) the taking is for economic development purposes, unless the economic development is a secondary purpose resulting from municipal community development or urban renewal activities to eliminate slum or blighted areas.
_____________ is also utilized as a charge on a particular piece of real estate to raise funds in order to meet the public needs of a government.
Taxation
____________ is when an owner dies and there is no heir to will the property to.
Escheat
________________ gives a government entity the ability to fulfill its responsibility to provide for the health, safety and welfare of the public. The exercise of this power must always be in the best interest of the public; however, the exercise of this power may restrict some of the fundamental freedoms of the people.
Police power
Examples of police power:
Zoning ordinances, building codes, subdivision regulations, eminent domain, environmental restrictions
True or false: Property owners who are affected by the exercise of police power are often not compensated for the imposed restrictions and loss of use of their property that can result form the exercise of this power.
True - It is always believed that if restrictions are imposed, they are for the health, safety and welfare of the public.
True or false: Property tax liens typically take priority over any other liens.
True
Property which is owned by the government, a government agency or a non-profit association is exempt from ____________________.
Payment of property taxes
Another form of control through taxation results when __________________ are put in place to enable areas or neighborhoods to pay for particular improvements
Special assessments - These assessments are not permanent; they typically run for just a few years.
If a property owner dies with a valid will in place it is called ________.
Estate
If the property owner dies without a valid will, it is called ___________.
Intestate
If a person dies with no heirs and no one qualified to receive the property, the state will use the power of ________ to claim the property.
Escheat
__________________ is defined as government ownership of lands, streets, public buildings, utilities, and other business enterprises.
Public ownership
_______________ allows a government entity to purchase a fee, leasehold, or easement interest in privately owned real property for the public good and for public use, regardless of the owner’s desire to sell or otherwise transfer any interest. In exchange for the interest, the government must pay the owner “just compensation.”
Eminent domain
With eminent domain, to acquire a property, the public entity initiates a _______________.
Condemnation suit
What does a condemnation suit accomplish?
Transfer of title extinguishes all existing leases, liens, and other encumbrances on the property.
Public entities that have the power of eminent domain include:
All levels of government
School districts
Public utilities
Public service corporations (power companies, etc.)
Public housing and redevelopment agencies
Railroads
To acquire a property, the public entity must first adopt a formal resolution to acquire the property, variously called a _________________.
Resolution of necessity
In order to proceed with condemnation, the government agency must demonstrate that:
The project is necessary
The property is necessary for the project
The location offers the greatest public benefit with the least detriment
A “________” refers to the “taking clause” of the Fifth Amendment which says, in part, that private property cannot be taken for public use without just compensation.
Taking
_____________ allow the county and municipality to protect the public against the hazards of unregulated construction.
Building codes
Building codes establish standards for virtually every aspect of a construction project, including offsite improvements such as:
Streets, curbs, gutters, drainage systems, and onsite improvements such as the building itself.
______________ typically address:
Architectural and engineering standards
Construction materials standards
Building support systems such as life safety, electrical, mechanical, and utility systems
Building codes
True or false: Building permits are required for both residential and commercial properties and must be obtained before the project starts.
True
A ________________ is issued by a building inspector after all development or improvement has been completed and the property is clear for occupation and use.
Certificate of occupancy (CO)
An ______________ is an interest that includes the right of possession.
Estate in land
In a __________________, the duration of the owner’s rights cannot be determined: the rights may endure for a lifetime, for less than a lifetime, or for generations beyond the owner’s lifetime.
Freehold estate
A _____________ is distinguished by its specific duration, as represented by the lease term.
Leasehold estate
Both leasehold and freehold estates are referred to as _________. The owner of the freehold estate is the ___________, and the renter, or lessee, is the _____________.
Tenancies, freehold tenant, leasehold tenant
The _______________________ is the highest form of ownership interest one can acquire in real estate. It includes the complete bundle of rights, and the tenancy is unlimited, with certain exceptions.
Fee simple freehold estate
The owner of the fee simple interest is called the ___________.
Fee tenant
There are two forms of fee simple estate:
Absolute and defensible
The _____________________ is a perpetual estate that is not conditioned by stipulated or restricted uses. It may also be freely passed on to heirs.
Fee simple absolute estate
The _________________ is perpetual, provided the usage conforms to stated conditions.
Defensible fee estate
Essential characteristics of fee simple defensible estate are:
1) the property must be used for a certain purpose, or under certain conditions.
2) if the use changes or if prohibited conditions are present, the estate reverts to the previous grantor of the estate.
The two types of fee simple defeasible are:
Determinable, condition subsequent
The deed to the _______________ states usage limitations. If the restrictions are violated, the estate automatically reverts to the grantor or heirs
Determinable estate
In a ______________, if any condition is violated, the previous owner may repossess the property. However, reversion of the estate is not automatic; the grantor must re-take physical possession within a certain time frame.
Condition subsequent estate
A __________ is a freehold estate that is limited in duration to the life of the owner or other named person. Upon the death of the owner or other named individual, the estate passes to the original owner or another named party.
Life estate
The holder of a life estate is called a _________________.
Life tenant
The distinguishing characteristics of the life estate are:
1) the owner enjoys full ownership rights during the estate period
2) holders of the future interest own either a reversionary or a remainder interest
3) the estate may be created by agreement between private parties, or it may be created by law under prescribed circumstances
If a life estate names a third party to receive title to the property upon termination of the life estate, the party enjoys a future interest, called a remainder interest or a remainder estate. The holder of a remainder interest is called a __________.
Remainderman
If no remainder estate is established, the estate reverts to the original owner, or the owner’s heirs. In this situation, the original owner retains a reversionary interest or estate. This is called ______________.
Reversion
The two types of life estates are the __________ and the ________ life estates.
Conventional, legal
A _____________________ is created by grant from a fee simple property owner to the grantee, the life tenant. Following the termination of the estate, rights pass to a remainderman, or revert to the previous owner.
Conventional life estate
The two types of conventional life estates are the __________ and the ______________ life estates.
Ordinary, pur autre vie
An _______________ ends with the death of the life estate owner and may pass back to the original owners or their heirs (reversion) or to a named third party (remainder).
Ordinary life estate
A _____________________ endures over the lifetime of a third person, after which the property passes from the tenant holder to the original grantor (reversion) or a third party (remainderman).
Pur autre vie life estate
A legal life estate is created by _________, as opposed to, being created by a property owner’s agreement.
State law
The focus of a legal life estate is:
Defining and protecting the property rights of surviving family members upon the death of the husband or wife.
The major forms of legal life estate are the:
homestead, dower and curtesy, and elective share
A fee simple estate is:
A freehold estate of potentially unlimited duration.
A _____________ is limited to the life of the owner
Life estate
An ___________ is another’s right to use or take possession of a legal owner’s property, or to prevent the legal owner from enjoying the full bundle of rights in the estate.
Encumbrance
What are the most common types of encumbrances?
Easements and liens
An ___________ is an interest in real property that gives the holder the right to use portions of the legal owner’s real property in a defined way.
Easement
True or false: Easement rights may apply to a property’s surface, subsurface, or airspace, but the affected area must be defined.
True
The receiver of the easement right is the _________ party; the giver of the easement right is the __________ party.
Benefitted, burdened
Essential characteristics of easements include:
1) An easement must involve the owner of the land over which the easement runs, and another, non-owning party. One cannot own an easement over one’s own property.
2) An easement pertains to a specified physical area within the property boundaries.
3) An easement may be affirmative, allowing a use, such as a right-of- way, or negative, prohibiting a use, such as an airspace easement, that prohibits one property owner from obstructing another’s ocean view.
An __________________ is a personal right that one party grants to another to use the grantor’s real property. The right does not attach to the grantor’s estate. It involves only one property, and, consequently, does not benefit any property owned by the easement owner.
Easement in gross
True or false: an easement in gross may be personal or commercial.
True
A __________________ is granted for the grantee’s lifetime. The right is irrevocable during this period but terminates on the grantee’s death. It may not be sold, assigned, transferred or willed.
Personal easement in gross
A _______________________ is granted to a business entity rather than a private party. The duration of the commercial easement is not tied to anyone’s lifetime. The right may be assigned, transferred, or willed. This type of easement is usually owned by the government, a government agency, or a public utility.
Commercial easement in gross
An _____________________ gives a property owner a right of usage to portions of an adjoining property owned by another party.
Easement appurtenant (attaching to)
The property enjoying the usage right is called the _________________.
Dominant tenement or dominant estate
The property containing the physical easement itself is the _______________.
Servient tenement
An _________________ attaches to the estate and transfers with it unless specifically stated otherwise in the transaction documents.
Easement appurtenant
Non-exclusive use of an easement means:
The servient tenement, as well as the dominant tenement, may use the easement area, provided the use does not unreasonably obstruct the dominant use.
An ______________ is the unauthorized, physical intrusion of one owner’s real property into that of another.
Encroachment
A ____________, much like a personal easement in gross, is a personal right that a property owner grants to another to use the property for a specific purpose. They are not transferable and do not attach to the land. They cease on the death of either party or on the sale of the property.
License
Liens have the following legal features:
1) a lien does not convey ownership except if the lien is a mortgage lien
2) a lien attaches to the property and can be transferred to the new owner
3) a property may be subject to multiple liens
4) a lien terminates on payment of the debt and recording of documents
If an heirless owner of a property has been missing and cannot be located, after which period of time the land escheats to the state?
7 years
Encumbrances and police powers are:
Interests that do not include possession
The “taking clause” which says, in part, that private property cannot be taken for public use without just compensation, belongs to which Amendment?
Fifth Amendment
The Landowner’s Bill of Rights applies to any attempt by the government or a private entity to take your property. There are 10 basic rights covered under the Bill of Rights dealing with the only process that an entity may legally take your property, condemnation:
1) You are entitled to receive adequate compensation if your property is taken for a public use.
2) Your property can only be taken for a public use.
3) Your property can only be taken by a governmental entity or private entity authorized by law to do so.
4) The entity that wants to take your property must notify you that it wants to take your property.
5) The entity proposing to take your property must provide you with a written appraisal.
6) The entity proposing to take your property must make a bona fide offer to buy the property before it files a lawsuit to condemn the property.
7) You may hire an appraiser or other professional to determine the value of your property or to assist you in any condemnation proceeding.
8) You may hire an attorney to negotiate with the condemning entity and to represent you in any legal proceedings involving the condemnation.
9) Before your property is condemned, you are entitled to a hearing before a court appointed panel that includes three special commissioners. The special commissioners must determine the amount of compensation the condemning entity owes for the taking of your property. The commissioners must also determine what compensation, if any, you are entitled to receive for any reduction in value of your remaining property.
10) If you are unsatisfied with the compensation awarded by the special commissioners, or if you question whether the taking of your property was proper, you have the right to a trial by a judge or jury. If you are dissatisfied with the trial court’s judgment, you may appeal that decision.
___________ basically concern the rights to own and use water found in lakes, streams, rivers, and the ocean. In addition, they determine where parcel boundaries can be fixed with respect to adjoining bodies of water.
Water rights
This position requires that property owners obtain permits for use of water. If a proposed usage is reasonable and beneficial, the state will grant a permit, which over time, can attach to the property of the permit holder.
Doctrine of Prior Appropriation
______________ is a Civil Law term referring to the right of one individual to use and enjoy the property of another.
Usufructuary
What does the Texas Commission on Environmental Quality (TCEQ) do?
Issues water rights for people who can show a beneficial use for the water, such as crop irrigation.
True or false: If a water right has not been used for a period of ten years, the Texas Commission on Environmental Quality (TCEQ) has the right to revoke the permit, unless the reason for the lack of use of the water was due to a restriction, such as a water conservation program.
True
Since Texas is a gulf state, Texas’ open beach law gives the public the right to use the public beaches. Anything between the high tide line and the low tide line is considered a public beach, creating an easement. The ________________ states that no one can build a structure on the easement
Texas Open Beach Act
_____________ concern properties abutting bodies of water that are not moving, such as lakes and seas.
Littoral rights
Owners of properties abutting a navigable, non-moving body of water enjoy the _________ right of use, but do not own the water or the land beneath the water. Ownership extends to the high-water mark of the body of water.
Littoral
True or false: Littoral rights attach to the property. When the property is sold, the littoral rights transfer with the property to the new owner.
True
___________ rights concern properties abutting moving water, such as streams and rivers.
Riparian
If a property abuts a stream or river, the owner’s _________ rights are determined by whether the water is navigable or not navigable.
Riparian
If the property abuts a non-navigable stream, the owner enjoys unrestricted use of the water and owns the land beneath the stream to _____________.
The stream’s midpoint
If the waterway in question is navigable, the waterway is considered to be a public easement. In such a case, the owner’s property extends to _______________.
The water’s edge
The land resulting from the soil build-up caused by the natural action of the river or stream.
Accretions
One’s riparian rights to use flowing water are subject to the conditions that:
1) the usage is reasonable and does not infringe on the riparian rights of other owners downstream
2) the usage does not pollute the water
3) the usage does not impede or alter the course of the water flow
A riparian owner’s right to use water was changed in _____ and requires a state permit for the maximum actual water put to beneficial use without waste.
1969
True or false: Like littoral rights, riparian rights attach to the property.
True
___________ are underground geological formations that collect and attract water.
Aquifers
True or false: Unlike surface water, groundwater is the property of the landowner, which allows a landowner the right to capture the water beneath his or her property, and sell, lease, and move the water pumped from his or her property to a neighbor, corporation, or city.
True
Texas courts have limited the rule of capture in order (or “law of the biggest pump”) to prohibit a landowner from:
1) Pumping water for the purpose of maliciously harming an adjoining neighbor;
2) Pumping water for a wasteful purpose;
3) Causing land subsidence (sinking) on adjoining land from negligent pumping; and
4) Drilling a slant well that crosses the adjoining property line.
Three major restrictions which have been imposed to prevent unlimited pumping of groundwater can be found in the Texas Water Code. These restrictions govern:
1) Pumping water that comes from the underflow of a river;
2) Pumping groundwater from an aquifer within the jurisdiction of a Groundwater Conservation District (GCD); and
3) Pumping groundwater from the Edwards Aquifer within the jurisdiction of the Edwards Aquifer Authority.
Name three rights appointed to a landowner in the State of Texas.
1) Water rights
2) Mineral rights
3) Homestead rights
True or false: A legal life estate is created by state law, as opposed to being created by a property owner’s agreement.
True
The focus of a legal life estate is:
Defining and protecting the property rights of surviving family members upon the death of the husband or wife.
True or false: Rural Homesteads in Texas may not be more than 200 acres for a family, and 100 acres for a person. The home must be included in this acreage.
True
In urban areas, Texas homesteads may not be more than ___________:
10 acres including a business along with a home.
Homestead laws generally provide that:
1) All or portions of one’s homestead are exempt from a forced sale executed for the collection of general debts (judgment liens)
2) Tax debts, seller financing debt, debts for home improvement, and mortgage debt are NOT exempt.
3) The family must occupy the homestead.
4) The homestead interest cannot be conveyed by one spouse; both spouses must sign the deed conveying homestead property.
5) The homestead exemption and restrictions endure over the life of the head of the household, and pass on to children under legal age
6) Homestead interests in a property are extinguished if the property is sold or abandoned.
7) In some states the exemption is automatic; in others, homeowners must file for the exemption.
Homestead law in Texas provides that:
1) A homestead can be held by every head of household and every single person.
2) The premises must be occupied or intend to be occupied by the family or the householder.
3) The head of household or householder must occupy or lease the property.
An owner of a homestead must have lived in his or her home in Texas for ____ days in order to use the homestead exemption against bankruptcy.
1215
Liens not subject to the homestead exemption:
1) Purchase money on the homestead
2) Taxes on the homestead
3) Mechanic’s liens for work or services completed on the homestead
4) Extensions of credit on the homestead (i.e. Home equity loan)
5) Some reverse mortgages
6) Debts owed to the federal government
7) Encumbrance that existed on the property prior to becoming a homestead
8) Owing of partition liens, to settle divorce case claims, or death case claims
9) Refinancing a lien against the homestead
Manufactured home refinancing
The ______________________ exempts a portion of the property’s value from taxation.
Homestead tax exemption
______ is a wife’s life estate interest in the husband’s property. When the husband dies, the wife can make a claim to portions of the decedent’s property.
Dower
_________ is a husband’s life estate interest in the wife’s property. When the wife dies, the husband can make a claim to portions of the decedent’s property.
Curtsey
_____________ is a state-level statute enabling a surviving spouse to make a minimum claim to the deceased spouse’s real and personal property in place of the provisions for such property in the decedent’s will.
Elective share
By a provision of the state Constitution of ______, which was carried over in substantially the same language into the constitutions of 1869 and 1876, the state released to the owner of the soil all mines and mineral substances therein.
1866
Under the ____________________, the surface owner is made the agent of the state for the leasing of such lands, and both the surface owner and the state receive a fractional interest in the proceeds of the leasing and production of minerals.
Relinquishment Act of 1919
True or false: Under a lease, the operator assumes all expenses of operations to develop the mineral resources in return for a conveyance of 7/8 interest in them; the landowner or lessor retains 1/8 interest free and clear of all costs.
True
The interest of the mineral owner or lessor is known as ______.
Royalty
Unlike surface water, groundwater is the property of the landowner, which allows a landowner the right to do what?
Capture the water beneath his or her property, and sell, lease, and move the water pumped from his or her property to a neighbor, corporation, or city
What are the major forms of a legal life estate?
Homestead, dower and curtesy, and elective share
The term _______ refers to any asbestos-containing material that, when dry, can be easily crumbled or turned to powder by hand.
Friable
The Environmental Protection Agency and the Department of Housing and Urban Development say that approximately seventy-five percent of homes built before 1978 contain some ____________.
Lead-based paint
Real estate agents who take listings of homes built prior to 1978 must have their sellers fill out a disclosure form about their knowledge or lack of knowledge about the presence of ______________ in the home.
Lead-based paint
In the Seller’s Disclosure section of Information on Lead-Based Paint:
The sellers check whether or not they have any knowledge of the presence of lead-based paint in the home. They also indicate whether or not they have any reports that pertain to lead-based paint in the home and if so, that they have provided the buyers with all available records.
In the Buyer’s Acknowledgement section of Information on Lead-Based Paint:
The buyers acknowledge they have received copies of reports and other pertinent information, that they have received the EPA pamphlet Protect Your Family from Lead in Your Home, and that they have received or waived their right to the 10-day risk assessment period.
In the Broker’s Acknowledgement section of Information on Lead-Based Paint:
The real estate broker indicates that he or she has informed the sellers as required and is aware of his or her responsibility to ensure compliance.
In the Certification of Accuracy section of Information on Lead-Based Paint:
All parties sign the disclosure
_______ is an odorless, colorless, tasteless, and radioactive gas created in the ground where uranium and radium exist. In certain homes, it can build to dangerous levels.
Radon
What are 3 testing methods for radon?
1) Charcoal canisters - These devices absorb radon or its products on to the charcoal.
2) Electret Ion (E-perms) Chambers – These devices have a Teflon disc, which is statically charged.
3) Continuous Radon Monitors – These monitors are active devices which need electrical power. They are generally more expensive and require professionally trained testers for their operation.
_______________________ are mixtures of synthetic organic chemicals with the same basic chemical structure and similar physical properties ranging from oily liquids to waxy solids.
Polychlorinated Biphenyls (PCBs)
Carbon monoxide (CO) concentration is measured in _________.
Parts per million (ppm)
Human exposure to asbestos may be caused by:
Air, wind, and water erosion from naturally-occurring deposits as well as by the mining, manufacture and use of some asbestos-containing products.
Lead-based paint cannot be absorbed through the skin. However, it is dangerous when it enters the bloodstream through ___________________________.
Ingestion or inhalation
______________________ are invisible lines of force that surround any electrical device. They can be caused by power lines, electrical wiring and appliances, which produce electric and magnetic fields.
Electromagnetic fields or “EMFs”
_________________ is a deadly, colorless, odorless, poisonous gas. It is produced by the incomplete burning of various fuels, including coal, wood, charcoal, oil, kerosene, propane, and natural gas.
Carbon monoxide (CO)
On average, how many people die yearly in the United States due to CO produced by non-automotive consumer products?
170
