One

Question 1

What are the governments rights in a person’s real property? PETE

Answer 1

Police power, eminent domain, taxation and escheat

Question 2

__ __ is the right of the government to establish laws to protect the public and real property.

Answer 2

Police power ie. zoning, building codes

Question 3

What is eminent domain?

Answer 3

The right of the government to take private property for the good of the public.

Question 4

The process used to take the property through eminent domain is called __.

Answer 4

Condemnation

Question 5

Taxation is the right of the government to tax people for __ __.

Answer 5

Public services

Question 6

What is escheat?

Answer 6

The right of the government to acquire private property when the property is abandoned or the owner dies intestate and has no heirs.

Question 7

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.

Answer 7

False. If taxes are being paid, it is not an abandoned property.

Question 8

Does a property have taken by eminent domain have to be for public use?

Answer 8

No, it just needs to be for the good of the public.

Question 9

What is an encumbrance?

Answer 9

A right held by someone that limits or burdens the property/title.

Question 10

Name three types of easements.

Answer 10

Appurtenant easement, easement by prescription and easement in gross

Question 11

What does an easement allow?

Answer 11

Someone else the right to use a part of your property while you retain the ownership rights.

Question 12

An __ easement is given for the benefit of a particular piece of property. The easement stays with the property.

Answer 12

appurtenant

Question 13

The person or property that has the right to the easement has an interest in the property but no __ rights.

Answer 13

possessory

Question 14

The neighboring property has the dominant tenement and your property is __ (the property that is burdened) in an easement.

Answer 14

servient

Question 15

What is an adverse possesion?

Answer 15

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.

Question 16

What four things must be in play with an easement by prescription before going to court?

Answer 16

Be the only one using it, using it regularly in plain view, and without permission.

Question 17

What does an easement in gross typically apply to?

Answer 17

Commercial usage like utilities, railroads and billboards.

Question 18

Restrictions refers to things limiting the use like subdivision restrictions and ___. These restrictions run with the land.

Answer 18

Covenants

Question 19

What is an encroachment and how do you fix it?

Answer 19

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.

Question 20

True or False? Specific liens applies to one specific property.

Answer 20

True

Question 21

What do general liens apply to?

Answer 21

A person’s real and personal property in general.

Question 22

What does lis pendens mean?

Answer 22

pending litigation

Question 23

What are the four steps of a judgment lien? In chronological order

Answer 23

Lis pendens, attachment, judgment, writ of execution

Question 24

How do you determine the priority of liens?

Answer 24

The type of lien, the date and time of recording.

Question 25

What do liens and easements have in common?

Answer 25

Both are encumbrances.

Question 26

If you give someone permission to use or cross your property this is a __ to use.

Answer 26

license

Question 27

What are riparian water rights?

Answer 27

If you own the property that borders a river or stream. You are permitted to use the water but cannot influence the use of the water by others.

Question 28

If you own the property backing to a sea or ocean your property is __ land.

Answer 28

littoral

Question 29

What’s the difference between erosion and accretion?

Answer 29

Erosion is the gradual wearing away of soil and accretion is the gradual increase in land from soil washing onto yours.

Question 30

___ is the sudden transfer of land caused by nature.

Answer 30

Avulsion

Question 31

What is a percolation test?

Answer 31

Also known as a perk test, it is testing the soil for water absorption to see if a septic tank system with laterals will work.