Federal Flashcards
Attached to and run with the land
appurtenances
Governement uses this doctrine to control water rights
Prior appropriation
Built in ______ and freestanding ______
Fixrute, personal property
what are Legal/formal methods of land description, and what is it for?
Survey, meets and bounds, Rectangular (government survery, Recorded map “plat”
Describes the land and not improvements
Used to confirm a legal description using onside measurements of property lines and location of houses, easements and encroachments. Uses monuments that establish property boundaries
Survery
begins and ends at the point of begining (POB) only measurement that uses starting at or commercig at and moves in a set direction
measures in clock wise direction
meets and bounds
Developed by the US government and uses range and meridians. What are range and meridians?
Rectangular survey
range and meridians are large imaginary lines. Ragne is vertical row of township (north-south) and tier is a horizontal row of twonship (east-west)
a section is ___ mile by ___ mile aand How many acares does it have? How many spuare feet are in an acre?
1, 1 and has 640 acres, 43560 square feet/acre
Plat map also called “lot, block subdivision system” or the lot & block system. Created by a survey ans shows the location and boundaries of individual land in a land subdivison. Most common in urban residental and map is recorded in county recorders office after approval but before building
Recorded map “plat”
Allows the owner to continue present use that no longer complies with current zoning which is known as grand fathered or grandfather clause. Owner may not enlarge or rebuild if improvements are destroyed
Non conforming uses
Government rights
Police power - public control of land
Eminent domain - private for public use using process called condemnation
Taxation
Escheat - take abandoned property
Property taxes have prioity over other _____. property taxes are ad valorem which is _____. ___________ are charges against specific properites that benefit from public improvements
Liens, assed value, special asssesement
Assed value x tax rate = propery taxes
What are the three freehold estates
Fe simple absolute - complete budle of right ( also known as fee estate or fee simple)
Fee simple defeasible - created by a deed condition and is normally a gift.
Life estate- life tenant is the owner till life then goes back to the fee simple absolute owner
Any claim, right or interest held by a party who is not the legal owner of the property a nonpossessory interest
Encumbrances
types of easement
In gross - no dominant property only servient (shared wall)
by Necessity - court ordered