Chapter Seven

Question 0

the sudden tearing away of land, as by earthquake, flood, volcanic action, or the sudden change in the course of a stream 120

Answer 0

avulsion

Question 1

an easment that is annexed to the ownership of one parcel and allows the owner the use of the neighbor’s land. 116-117

Answer 1

appurtenant easment

Question 2

1) Contract law, 2) General property law, 3) Agency law, 4) Real estate license law, 5) Federal regulations, 6) Federal, state, and local tax laws, 7) Zoning and land-use laws, 8) Federal, state, and local environmental regulations. 24

Answer 2

Laws affecting Real Estate

Question 3

a judicial or administrative proceeding to exercise the power of eminent domain, through which government agency takes private property for public use and compensates the owner. 110

Answer 3

condemnation

Question 4

private agreements that affect the land use. They may be enforced by an owner of real estate and included in the seller’s deed to the buyer.

Answer 4

covenants, conditions, and restrictions (CC&Rs)

Question 5

clauses in a deed limiting the future uses of the property, may impose a vast variety of limitations and conditions-they may limit the density of buildings, dictate the types of structures that can be erected, or prevent buildings from being used for specific purposes or even from being used at all. 116

Answer 5

deed restrictions

Question 6

a right to use the land of another for a specific purpose, such for a right of way or utilities; an incorporeal interest in land 116

Answer 6

easement

Question 7

an easement allowed by law as necessary for the full enjoyment of a parcel of real estate (e.g., a right of ingress and egress over a grantor’s land). 118

Answer 7

easement by necessity

Question 8

an easement acquired by continuous, open, and hostile use of the property for the period of time prescribed by state law. 118

Answer 8

easement by prescription

Question 9

an easement that is not created for the benefit of any land owned by the owner of the easement but that attaches personally to the easement owner. For example, a right granted by Eleanor Franks to Joe Fish to use a portion of her property for the rest of his life.

Answer 9

easement in gross

Question 10

the right of a government or municipal quasi-public body to acquire property for public use through a court action called condemnation, in which the court decides that the use is a public use and determines the compensation to be paid to the owner. 110-111

Answer 10

eminent domain

Question 11

a building or some portion of it – a wall or fence, for instance that extends beyond the land of the owner and illegally intrudes on some land of an adjoining owner or a street or alley. 119

Answer 11

encroachment

Question 12

anything–such as a mortgage, tax or judgement lien; an easement; a restriction on the use of the land; or an outstanding dower right–that may diminish the value or use and enjoyment of a property. 115

Answer 12

encumbrance

Question 13

the reversion of property to the state or county, as provided by state law, in cases where a decedent dies intestate without heirs capable of inheriting, or when the property is abandoned. 112

Answer 13

escheat

Question 14

the degree, quantity, nature, and extent of interest a person has in real property. 112

Answer 14

estate in land

Question 15

the highest interest in real estate recognized by the law; the jolder is entitled to all rights to the property. 112

Answer 15

fee simple

Question 16

the maximum possible estate or right of ownership of real property, continuing forever. 112

Answer 16

fee simple absolute

Question 17

an estate in which the holder has a fee simple title that may be divested upon the occurrence or non-occurrence of a specified event. 112

Answer 17

defeasible fee estate or fee simple defeasible

Question 18

a fee simple estate qualified by a special limitation. Language used to describe limitation includes the words so long as, while, or during. 112

Answer 18

fee simple determinable

Question 19

if an estate is no longer used for the purpose conveyed, it reverts to the original grantor by the right of reentry. 113

Answer 19

fee simple subject to a condition subsequent

Question 20

an estate in land in which ownership is for an indeterminate length of time, in contrast to a leasehold estate. 117

Answer 20

freehold estate

Question 21

a person’s present right to an interest in real property that will not result in possession or enjoyment until some time in the future, such as a reversion or right of reentry. 113

Answer 21

future interest

Question 22

land that is owned and occupied as the family home. In many states, a portion of the area or value of this land is protected or exempt form judgements for debts. 115

Answer 22

homestead

Question 23

a form of life estate established by state law, rather than created voluntarily by an owner. It becomes effective when certain events occur. 114

Answer 23

legal life estate

Question 24

1) a privilege or right granted to a person by a state to operate as a real estate broker or salesperson, 2) the revocable permission for a temporary use of land- a personal right that cannot be sold. 69

Answer 24

license

Question 25

a right given by law to certain creditors to have their debts paid out of the property of a defaulting debtor, usually by means of a court sale. 121

Answer 25

lien

Question 26

an interest in real or personal property that is limited in duration to the lifetime of its owner or some other designated person or persons. 112

Answer 26

life estate

Question 27

1) a landowner’s claim to use water in large navigable lakes and oceans adjacent to his or her property. 2) the ownership rights to land bordering these bodies of water up to the high water mark. 119-120

Answer 27

littoral rights

Question 28

the governments right to impose laws, statutes, an ordinances, including zoning ordinances and building codes, to protect the public health, safety, and welfare. 110

Answer 28

police power

Question 29

a concept of water ownership in which the landowner’s right to use available water is based on a government-administered permit system. 122

Answer 29

prior appropriation

Question 30

“For the life of another.” a life estate that is measured by the life of a person other than the grantee. 114

Answer 30

pur autre vie

Question 31

the remnant of an estate that had been conveyed to take effect and be enjoyed after the termination of a prior estate, such as when an owner conveys a life estate to one party and the remainder to another. 114

Answer 31

remainder interest

Question 32

the remnant of an estate that the grantor holds after granting a life estate to another person. 114

Answer 32

reversionary interest

Question 33

an owner’s rights in land that borders on or includes a stream, river, or lake. These rights include access to and use of the water. 119

Answer 33

riparian rights

Question 34

the process by which a government or municipal quasi-public body raises monies to fund its operation. 111

Answer 34

taxation

Question 35

Police power, Eminent Domain, Taxation, Escheat

Answer 35

Four Government Powers that effect Real Estate

Question 36

In June 2005, the U.S. Supreme Court in Kelo v.City of New London significantly changed the definition of public use. The court held that local governments can condemn homes and businesses for private or economic development purposes.

Answer 36

eminent domain

Question 37

estates for which the length of time can be determined. 112

Answer 37

Non-freehold estate or leasehold estates

Question 38

“So long as”, “While”, “During” 113

Answer 38

fee simple determinable

Question 39

an ownership interest and are transferred using a deed. 112

Answer 39

estate

Question 40

increases in the land resulting from the deposit of soil by the waters action. 120

Answer 40

accretion

Question 41

the sudden removal of soil by an act of nature such as an earthquake, or mudslide causing an individual’s landholding to become much smaller very quickly.

Answer 41

avulsion