Government Limitations On Title

Question 1

The system that real property ownership is free and full ownership rights in land by INDIVIDUALS

Answer 1

Allodial System

Question 2

All land is owned by a king or sovereign

Answer 2

Feudal System

Question 3

What are the 4 powers that the government uses to limit the rights of real property owners

Answer 3

1. Eminent Domain
2. Police power of government
3. Power to tax real estate
4. Power of Escheat

Question 4

The rate of federal, state and local governments to assume ownership of private property for a necessary public use, just compensation pay to the owner

Answer 4

Eminent domain

Question 5

The legal proceeding by which the government obtains ownership of private property

Answer 5

Condemnation

Question 6

The right of government to adopt and enforce laws, ordinances, Codes, and regulations to protect, promote, and support the order, health, safety, morals, in general welfare of the public

Answer 6

Police power

Question 7

This derives from state and local governments right to tax property to raise general revenue

Answer 7

Taxation

Question 8

The government’s power to prevent a property becoming ownerless (in the event that the owner dies and does not have a will or relatives)

Answer 8

Escheat

Question 9

What are the most common types of liens

Answer 9

1. Mortgage lien
2. Mechanic lien
3. Judgement lien

Question 10

What kind of encumbrances affect the property physically

Answer 10

1. Deed restrictions
2. Encroachments
3. Easements

Question 11

Private agreements contained in a deed, lease, or will restrictions the use and occupancy of real property

Answer 11

Deed restrictions

Question 12

Unauthorized infringement on a property owners rights as a result of a physical intrusion (overlapping tree branches from a neighbors yard)

Answer 12

Encroachments

Question 13

The legal right to enter upon another’s property (an actual interest in land)

Answer 13

Easements