Chapter 8 – Land Ownership: Estates and Interests in Land Flashcards
What is ameliorating waste?
Ameliorating waste consists of direct, positive acts which improve rather than destroy the property. An example would be the construction of a tool shed on the property.
What is a restrictive covenant?
A restrictive convenant is a covenant restricting the use of the land of the covenantor (the servient tenement) for the benefit of land belonging to the covenantee (the dominant tenement). An example would be a restriction on the height of a building on one piece of land so that adjacent or adjoining lands are not deprived of a view.
What is voluntary waste?
Voluntary waste consists of direct, positive acts that result in damage to the property beyond the use a life tenant is entitled to make. It includes such things as pulling down a garage or cutting a stand of timber.
What is permissive waste?
Permissive waste consists of allowing a property to deteriorate without any positive acts of the life tenant. An example of permissive waste would be where a life tenant simply allows the building on the property to decay and does nothing to prevent this.
Define fee simple.
Fee simple is the legal term for the maximum interest in land available to a person, or the maximum of legal ownership. In many ways, a fee simple is equivalent to absolute ownership.
A tenancy in common is where two or more persons acquire ________ in a single ________ and each may sell or bequeath their interest. Additionally, in the event of death, their interest becomes a part of their _______.
interests; property; estate
A ________ refers to a group of restrictive covenants attaching to two or more lots within a particular development plan and which usually aims at ensuring that a certain level of uniformity is maintained within the development.
building scheme
A joint tenancy is where two or more persons acquire an _________ interest in a property. When one person dies, that person’s share automatically goes to the ___________.
equal undivided; surviving joint tenant(s)
A ___________ is a chattel attached to real property; it is anything which has become so attached to the land as to form, in law, part of the land.
fixture
A life estate __________ is the form of life estate where the length of the estate is measured against the life of another person.
pur autre vie
Describe airspace, in both its historical and current context.
Historically, one owned the airspace above a parcel of land “to the heavens”. Today, airspace refers to the legal concept that a person who owns land also owns as much of the airspace above the land as he or she can effectively use.
What is a profit à prendre?
It is right to take the produce or part of the soil from the lands of another.
Define servient tenement.
A servient tenement is land bearing the burden of an easement or other right (i.e., restrictive covenant).
In the context of an easement, the ___________ is the land to which the benefit of a right is attached.
dominant tenement
The right to have one’s ground supported so that it will not cave in when an adjoining owner excavates is known as ________.
the right to support
