estates and ownership Flashcards
If the interest-holder enjoys the right of possession, the party is considered to have an
estate in land
Escheat
when an owner dies and there is no heir to will the property to. California law states that ownership of this land would then revert back (or escheat) to the state.
Freehold Estates
an estate limited to the life of the owner is a life estate
Fee Simple Defeasible
the property must be used for a certain purpose, or under certain conditions
if the use changes or if prohibited conditions are present, the estate reverts to the previous grantor of the estate
conventional life estate
created by grant from a fee simple property owner to the grantee, the life tenant.
Dower and Curtesy
Dower 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. Curtesy is the identical right enjoyed by the husband in a deceased wife’s property
Estate for Years
a leasehold estate for a definite period of time, with a beginning date and an ending date.
Estate from Period-to-Period
the tenancy period automatically renews for an indefinite period of time, subject to timely payment of rent.
Estate at Will
has no definite expiration date and hence no “renewal” cycle. The landlord and tenant agree that the tenancy will have no specified termination date, provided rent is paid on time and other lease conditions are met.
Estate at Sufferance
a tenant occupies the premises without consent of the landlord or other legal agreement with the landlord
Easements
enables others to use the property, regardless of the owner’s desires.
lien
can be placed on the property’s title, thereby restricting the owner’s ability to transfer clear title to another party.
easement
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 appurtenant
gives a property owner a right of usage to portions of an adjoining property owned by another party
encumbrance
An interest in and right to real property that limits the legal owner’s freehold interest