Part 5 Flashcards
Patent Ambiguity
An ambiguity which appears on the face of the instrument, and arises from the defective, obsecure, or insensible language used
Plat
A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with a city subdivision standards and subject to approval by the planning and zoning commission or planning director and filed in the plat records.
Preemptor
a person who has settled on vacant land and has a survey of the land.
Presumption
a rule of law that courts and judges shall draw a particular inference from a particular fact, or from particular evidence, unless and until the truth of such inference is disproved (Black’s Law Dictionary)
Property Line
The line dividing two adjacent properties, or a property and a public alley.
Proportion
proportionate to linear measurements between original found monuments
Proration
a method of distributing discovered excess or deficiency between parties having equal rights or proportionate rights to the excess or deficiency.
Protraction
a method of creating lot lines on paper, without benefit of an actual survey.
Quitclaim deed
acts like a release. It conveys any interest the grantor may have, though the grantor may, in fact, have none at all. It is one category of deed that does not imply that the grantor has title to the property, yet does pass any title the grantor may have. The grantor of such a deed will defend against any defects in that title that may have arisen through him, but not through others.
Record Monument
is a call for an adjoining property, whether marked by physical monuments or not, when called for in a description of property. It is important to note that the entire adjoining property, and not merely the coincident line, constitutes the record monument.
Remainder
The residual land left after platting of a portion of a tract. Platting of a residual may in some instances be required under the provisions of this code.
Remnant Rule
excess or deficiency is given to an irregularly shaped lot at the end of a block (not a respected construction)
Replacement Monuments
Physical markers that are used to replace survey monuments that have been destroyed or distributed
Reversion
is an interest that will return to the grantor after some lesser estate ends. A reversion is the residue of an estate that remains with the grantor. This type of future interest usually relies on the occurrence or nonoccurrence of some specified event. For example, a life estate may revert to the grantor upon the death of the grantee.
Right of Way
a strip or parcel of land occupied or intended to be occupied by a street, alley, or utility. Other facilities and utilities that may require or be placed within the right-of-way include sidewalks, railroad crossings, electrical, communication, oil or gas, water or sanitary or storm sewer facilities, or for any other special use.
Scaling
Determing the scale of the map; relationship of inch and distance measurements
Sequential Conveyance
when several parcels of land are created with a lapse of time and junior-senior rights exist between parcels.
Servient Estate
is the land over which an appurtenant easement passes, it is subject to rights such as ingress and egress to the dominant estate. The dominant estate is served by the servient estate
Simultaneous Conveyance
when several parcels of land are created in the same instance
Subdivision
creation of two or more parcels from a parent parcel. The division of any tract or parcel of land into two or more lots for the purpose, whether immediate or future, of offer, sale or for the purpose of development. Subdivision includes the division or development of residentially and non-residentially zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument.
Variance
permits construction or development in a manner otherwise prohibited by ordinance.
Venue
court that will hear a case
