Module 3 Flashcards
A system of land ownership in which land is privately held, free and clear of any rent or service due to the government (all land in the US); commonly contrasted to the Feudal System
Allodial System
The process by which a government or municipal quasi-public body raises funds to pay for its operation
Taxation
A tenant’s right to occupy real estate during the term of a lease; generally considered to be a personal property interest
Leasehold Estates
Any lien (such as a mortgage, tax or judgment lien or an easement/restriction on the use of the land) that may diminish the value of a property. A cloud against clear, free title to property that limits a property owner’s rights in land
Encumbrance
A building or some portion of it (a wall or fence) that extends beyond the land of the owner and illegally intrudes onto some land of an adjoining owner
Encroachment
The government’s right to impose laws, statutes and ordinances (including zoning ordinances and building codes) to control the way land is used in order to protect the public’s health, safety and welfare
Police Power
The reversion of property to the state or county, as provided by state law, in the event the property is abandoned or the owner dies without leaving a will and has no heirs to whom the property may pass.
Escheat
A statutory estate is created by law. Examples of statutory estate include community property and homestead protection.
Statutory Estates
CC&Rs Private restrictions that have been placed in the public records that control the use of property.
Covenants, Conditions, and Restrictions
The right of a landowner to use water that borders a property.
Water Rights
The right of a government or municipal quasi-public body to acquire private property for public use through a court action called a Condemnation (where the court decides that the property is a need for public use and determines the price or compensation to be paid to the owner)
Eminent Domain
An estate in land in which ownership is for an indeterminate length of time, in contrast to a leasehold estate.
Freehold Estates
A right or interest in land that is less than ownership or possession; a contract, lien, or easement can create this estate for a buyer
Equitable Estates
Those rights, privileges and improvements that belong to and pass with the transfer of real property but are not necessarily a part of the property, such as rights-of-way, easements, water rights and property improvements
Appurtenance
Land can be privately owned by individuals
Allodial System
Estates created by law
Statutory Estates
Ownership of real property
Freehold Estates
Estate for years, periodic estate, estate at will, tenancy at sufferance
Leasehold Estates
Liens, easements
Equitable Estates
Taxes that are “according to value”. These taxes are paid first at foreclosure, and create the highest priority lien.
Ad valorem Taxes
The _______________ is private ownership of land.
Allodial System
The government has the right to take private land for public good.
Eminent Domain
The government’s right to regulate and control private land.
Police Power
In order to use land in a way that violates zoning laws, the owner must apply for and receive a/n _______________ from the zoning committee.
Variance
The government’s right to tax real property.
Taxation
Property taxes are according to value.
Ad Valorem Taxes