One Flashcards
What are the governments rights in a person’s real property? PETE
Police power, eminent domain, taxation and escheat
__ __ is the right of the government to establish laws to protect the public and real property.
Police power ie. zoning, building codes
What is eminent domain?
The right of the government to take private property for the good of the public.
The process used to take the property through eminent domain is called __.
Condemnation
Taxation is the right of the government to tax people for __ __.
Public services
What is escheat?
The right of the government to acquire private property when the property is abandoned or the owner dies intestate and has no heirs.
True or False? A property is considered abandoned if a person leaves a home and moves somewhere else even though they pay the taxes for the property.
False. If taxes are being paid, it is not an abandoned property.
Does a property have taken by eminent domain have to be for public use?
No, it just needs to be for the good of the public.
What is an encumbrance?
A right held by someone that limits or burdens the property/title.
Name three types of easements.
Appurtenant easement, easement by prescription and easement in gross
What does an easement allow?
Someone else the right to use a part of your property while you retain the ownership rights.
An __ easement is given for the benefit of a particular piece of property. The easement stays with the property.
appurtenant
The person or property that has the right to the easement has an interest in the property but no __ rights.
possessory
The neighboring property has the dominant tenement and your property is __ (the property that is burdened) in an easement.
servient
What is an adverse possesion?
It’s similar to an easement by prescription but you actually acquire the title through a quiet title rather than simply a right to use.
What four things must be in play with an easement by prescription before going to court?
Be the only one using it, using it regularly in plain view, and without permission.
What does an easement in gross typically apply to?
Commercial usage like utilities, railroads and billboards.
Restrictions refers to things limiting the use like subdivision restrictions and ___. These restrictions run with the land.
Covenants
What is an encroachment and how do you fix it?
It is a form of trespassing, like your fence is six inches in your neighbor’s yard. You may need to go to court for the correction.
True or False? Specific liens applies to one specific property.
True
What do general liens apply to?
A person’s real and personal property in general.
What does lis pendens mean?
pending litigation
What are the four steps of a judgment lien? In chronological order
Lis pendens, attachment, judgment, writ of execution
How do you determine the priority of liens?
The type of lien, the date and time of recording.
