MRE_Chapter7

Question 1

PETE

Answer 1

P-Police Power E-Eminent Domain T-Taxation E-Escheat

Question 2

Police Power

Answer 2

1. 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)

Question 3

Eminent Domain

Answer 3

The right of the government to take privately owned real estate for public use; condemnation is the process by which this right is exercised.

Question 4

Taxation

Answer 4

Taxation—a charge on real estate to raise funds to meet the costs of government operations

Question 5

Escheat

Answer 5

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

Question 6

Freehold estates

Answer 6

estates for an indeterminable period of time 1. Fee simple estate 2. Life estate

Question 7

Fee Simple Estate

Answer 7

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

Question 8

Life Estate

Answer 8

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

Question 9

Pur Autre Vie

Answer 9

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)

Question 10

Encumbrance

Answer 10

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)

Question 11

Liens

Answer 11

Charges against property that provide security for a debt or obligations of the property owner

Question 12

CC&R

Answer 12

Covenants, conditions and restrictions are private agreements that affect the use of land

Question 13

Easements

Answer 13

Rights to use the land of another 1. Appurtenant easement 2. Easement in Gross 3. Easement by necessity 4. Easement by prescription

Question 14

Appurtenant Easement

Answer 14

Is said ‘Run with the Land’ when title is transferred

Question 15

Easement in Gross

Answer 15

Is an individual or company interest in or right to use another’s land

Question 16

Easement by necessity

Answer 16

Arises when land has no access to a street to public way

Question 17

Easement by prescription

Answer 17

Is acquired when a claimant has used another’s land for 10 to 21 years. The use must be visible , open and notorious

Question 18

Termination of Easement

Answer 18

1. 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

Question 19

License

Answer 19

Personal privilege to enter the land of another for a specific purpose

Question 20

Encroachment

Answer 20

Occurs when all or part of a structure illegally intrudes on the land of another

Question 21

Water rights

Answer 21

Are determined by common law and statute: 1. Riparian Rights 2. Littoral Rights 3. The doctrine of prior appropriation

Question 22

Riparian Rights

Answer 22

Are common-law rights granted to owners of land along rivers, streams or similar bodies of water

Question 23

Littoral rights

Answer 23

Belongs to owners of land that borders commercially navigable lakes, seas and oceans

Question 24

Doctrine of prior appropriation

Answer 24

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