MRE_Chapter7 Flashcards
PETE
P-Police Power E-Eminent Domain T-Taxation E-Escheat
Police Power
- Enabling acts grant authority from the state to local governments to protect the public health and safety and general welfare. 2. Zoning ordinances, building codes, environmental protection laws, and other regulations (see Chapter 19 for details)
Eminent Domain
The right of the government to take privately owned real estate for public use; condemnation is the process by which this right is exercised.
Taxation
Taxation—a charge on real estate to raise funds to meet the costs of government operations
Escheat
provides that the ownership of real estate will revert to the state (or county) in which it is located when its former owner dies without a will (intestate) and has no heirs capable of being discovered by the state
Freehold estates
estates for an indeterminable period of time 1. Fee simple estate 2. Life estate
Fee Simple Estate
The highest type of interest in real estate recognized by law a. Fee simple absolute b. Fee Simple Defeasible 1.Fee simple Subject to a condition 2. Fee simple determinable
Life Estate
Limited to the duration of a lifetime, either that of the owner or of another designated person a. Pur Autre Vie b. Legal Life Estates
Pur Autre Vie
Created by the owner by deed or will for a life tenant for the life of a person other than the life tenant 1. Reminder Interest: The future interest in the fee ample estate for the remainderman (The person to whom the property will pass when the life estate ends)
Encumbrance
Claim, charge or liability that attaches to real estate and may be one of the following: 1. Liens 2.Covenants,Conditions and restrictions (CC&Rs)
Liens
Charges against property that provide security for a debt or obligations of the property owner
CC&R
Covenants, conditions and restrictions are private agreements that affect the use of land
Easements
Rights to use the land of another 1. Appurtenant easement 2. Easement in Gross 3. Easement by necessity 4. Easement by prescription
Appurtenant Easement
Is said ‘Run with the Land’ when title is transferred
Easement in Gross
Is an individual or company interest in or right to use another’s land
Easement by necessity
Arises when land has no access to a street to public way
Easement by prescription
Is acquired when a claimant has used another’s land for 10 to 21 years. The use must be visible , open and notorious
Termination of Easement
- When need no longer exists 2. When the owner of either the dominant or servient tenement becomes the sole owner 3. When the owner of servient tenement releases the right of easement 4. If the easement is abandoned 5. By the nonuse of prescriptive easement
License
Personal privilege to enter the land of another for a specific purpose
Encroachment
Occurs when all or part of a structure illegally intrudes on the land of another
Water rights
Are determined by common law and statute: 1. Riparian Rights 2. Littoral Rights 3. The doctrine of prior appropriation
Riparian Rights
Are common-law rights granted to owners of land along rivers, streams or similar bodies of water
Littoral rights
Belongs to owners of land that borders commercially navigable lakes, seas and oceans
Doctrine of prior appropriation
Some states provides that water use, aside from limited domestic use, is controlled by the state rather than lake owner adjacent to the water; To use the water the landowner must demonstrate beneficial use of the water such as irrigation of crops
