RPL Study Guide Flashcards
What is generally not affected by federal law (except environmental issues)
U.S. Property Law
A law derived from judicial decisions rather than from statutes or constitutions. Gives great precedential weight on the principle that it us unfair to treat similar facts differently on different occasions and binds future decisions.
Common Law
A systematic collection of laws designed to comprehensively deal with the core areas of private law. Louisiana law is based on its Blank (Napoleonic Code). However, Louisiana courts rule on the meaning of the civil code when it is challenged.
Civil Code
Land and anything growing on, attached to, or erected on it, excluding anything that may be severed without injury to the land. Includes - Land, Buildings, and Oil and Gas in the ground. All interests, benefits and rights inherent in the ownership of physical real estate; the bundle of rights associated with ownership of real estate - Mineral rights, leasehold right, royalty interest
Real Property
Any portable or intangible thing that is subject to ownership and is not classified as real property - Includes portable and tangible objects that are not permanently affixed to and part of the real estate - Automobiles, oil and gas after production.
Personal Property
A deed that contains one or more covenants of title. Expressly guarantees the grantor’s good, clear title and contains covenants covering the quality of title, including warranties of seisin, quiet enjoyment, right to convey, freedom from encumbrances, and defense of title against all claims. Also the highest form of conveyance.
Warranty Deed
A deed in which the grantor covenants to defend the title against only those claims and demands of the grantor and those claiming by and under the grantor
Special Warranty Deed
A deed that does not contain any covenant of warranty
Deed Without Warranty
A legal doctrine under which, if a grantor conveys what is mistakenly believed to be good title to land that he did not own, and the grantor later acquires that title, it vest automatically in the grantee. Unless there is a reservation or limitation in the document.
Doctrine of After-Acquired Title
A bar that prevents one from asserting a claim or right that contradicts what one has said or done before or what has been legally established as true.
Estoppel (Estop)
A deed that conveys a grantor’s complete interest or claim in certain real property but that neither warrants nor professes that the title is valid. Also termed deed without covenants. “All of my right, title and interest).
Quitclaim Deed
A deed that appears in the title chain and the grantor has no known interest in the property, either from a bad description, index error, or missed deed.
Stray Deed or Wild Deed
A deed that was probably prepared to avoid probate but has not been delivered. The warning sign that the deed was recorded after the death.
Dresser Drawer Deed.
A gift of property that is to take effect on the givers death, unless previously revoked. A deed must take effect during the grantors lifetime and will only takes effect upon the death of the person making the will (testator).
Will (Inheritance)
The proof and recognition by the court that the will was real and valid
Probate
After a will has been probated, the blank of the estate begins. The process of managing the estate from death to distribution by executor.
Administration
Once everything is in order, the administrator petitions the court for a blank, which distributes whatever property remains in accordance with the will. This ends the probate process and transfers all property.
Final Decree
When a person dies without a will, or if it is not accepted by the court, this is called blank.
Intestate Succession
Title that can be acquired through foreclosures of mortgages, deeds of trust, mechanic’s liens, materialman’s liens, or liens of judgement, is called blank.
Lien Foreclosure
Title to property may be transferred by sale for non-payment of ad valorem taxes on real property.
Tax Sale
Another means of transferring title to real property.
Court Decree
Often transfers title, particularly where property settlement is involved.
Divorce Decree
Does not ordinarily transfer title, but simply determines that alleged defects in title, or claims to title arising through such defects.
Quiet Title Decree
The court decree actually transfers title, but in other types, title is transferred upon the filing of the declaration of taking or petition for condemnation subject only to a determination as to the amount of damages.
Condemnation Decree
The procedure by which privately owned land is taken for public use, provided adequate compensation is paid for the taking, available to the US government, states and public utilities.
Eminent Domain
The term “Fee simple” denotes ownership of all the rights and interests the law permits. Also provides a procedure for declaring inactive mineral interests abandoned.
Dormant mineral interests
Title to real property may be acquired by using it like an owner.
Adverse possession
Own identical interests simultaneously, and obtain title by the same instrument and with the same right of possession
Joint Tenancy
A common law concept that establishes a wife’s right upon death of her husband, to a life estate in one-third of the land that he owned in fee.
Dower
A common law concept that establishes a husband’s right, upon his wife’s death, to a life estate in the land that his wife owned during their marriage, assuming that a child was born alive to the couple.
Curtesy
Tract of land entered by a person who desired to acquire the tract from the government. A law passed to encourage development of the frontier.
Federal Homestead Act
Refers to the exemption of property against the claims of creditors in order to protect the security of the family.
Homestead Exemption
Has the right to possess the land, use the land, rents, income, interest on bonus and royalty. Can’t waste the land or produce minerals.
Life Tenant
Has the right to receive bonus payments and royalty, but paid at the termination of the life estate. Does not have the right to possess or use the land.
Remainderman
If a mine (oil or gas well) has been opened prior to creation of the life tenancy or remainder interest, the life tenant has the right to continue to use the land in the manner that it was used at the time the life tenancy was created. Therefore, if minerals are being produced at the time of creation, the life tenant may continue to produce the minerals and retain the proceeds of such production.
Open Mine Doctrine
A civil law concept of Spanish origin that generally gives each spouse half ownership in all property acquired during the marriage other than by gift or inheritance. All separate property is excepted.
Community property
A formal declaration made before a public officer (notary/judge) by a person who has signed a document that the action is his voluntary act and deed. Provides proof that the person who signed did in fact sign.
Acknowledgements
A certification added to an affidavit or deposition stating when and before what authority the affidavit or deposition was made.
Jurat
Adam leases to Baker but Baker fails to record. Later Adam dies and his heirs, not knowing that the land had previously been leased, lease to Delta who promptly records the lease. Delta purchases in ignorance of the earlier lease to Baker and Delta has good title to the lease. Delta is a blank.
Innocent Purchaser
Adams leases to Baker, who records his lease. Thereafter Adam leases the same land to David. David fails to properly examine the public records relating to the tract. David acquires no title since he had blank of the lease to Baker.
Constructive Notice
A person has a blank if he has information that would lead an ordinarily prudent person to investigate the matter further.
Inquiry Notice
The purpose of this recording act is to make recording the final part of the title transaction. Louisiana is a blank State.
Race
Under this statute, a subsequent purchaser for value wins if, at the time of conveyance, that subsequent purchaser had no actual or constructive notice of the prior conveyance and the subsequent purchaser records before the prior purchaser.
Race-Notice
A right of way or easement in which if you don’t use a blank, you lose it and it reverts (prescribes) to the land. Minerals and Royalty prescribes in 10 years.
Servitude of Passage
In Louisiana, one cannot completely disinherit certain relatives, being children under 24 years old. Seismic permits need 80% of mineral owners consent. Unitization comes by three methods:
Voluntary: 75% of the mineral owners plus the commissioner agree.
Forced: Through commission procedures - application/hearing.
Voluntary: Requires 100% consent, perfect title.
The North-South line that runs through the initial point is a true meridian and is called
Principal Meridian
The East-West line that runs through the initial point is called
Base Line
The PLSS typically divides land into 6 mile square blank and also indicates the location north or south of the baseline. Also subdivided into 36 sections.
Township
Indicates the location east or west of the principal meridian..
Range
A method of describing a parcel of land by calls and distances from an established beginning point and following boundary lines back to the point of the beginning.
Metes and Bounds Description
May be used when no other reasonably accurate description is available
Bounded Description
A defective description of the land intended to be conveyed is one of the most frequent causes of title failure.
Legal Sufficiency of Descriptions
Blank of a description in a deed or other instrument is not to identify the land, but to furnish means of identification
Test of Sufficiency
The description in the instrument should sufficiently describe the land so it can be identified and located on the ground.
Extrinsic Evidence
A tract may be described by blank to an earlier deed or conveyance.
Reference Description
This lease provision is intended to cover small strips and areas adjoining a tract specifically described in the lease
Mother Hubbard Clause (Cover-all Clause)
Any land that includes part of the bed of a navigable water course or lake as a public boundary. Land that borders on a public watercourse or public lake whose bed is owned by the public
Riparian Land
The change in property boundaries by the gradual buildup of soil deposited on the riparian shore. The resulting change in property boundaries is due to the slow and imperceptible shifting to the centerline of a river or water boundary.
Accretion
The change in property boundaries due to a sudden change in the course of a river or the sudden tearing away of soil from the riparian shore because of flooding or other natural causes.
Avulsion
The change in property boundaries where the submerged land is gradually exposed by the withdrawal of water. Opposite of accretion.
Reliction
The change in property boundaries by the gradual eating away of soil from its bank by the operation of current or tides.
Erosion
Protractor
Land Compass
Ruler
Scale
Description of Plotting Tools
Greenbrier Graphics for Windows is a deed description analyzer, a software program that allows you to enter the legal description of a piece of property, and then draws the tract.
Deed Plotter for Windows
Enter calls to analyze deeds, grants, surveys and other land information
Deed Chek
This stand alone utility allows you to enter, edit, view and analyze deed calls. It exports deed calls in a DXF format and creates a coordinate text file.
Deedrunner
Creates maps based on metes and bounds descriptions, legal descriptions of real estate.
MapDraw Deed Plotter
A deed plotting software in which you can download a shareware version to check it out.
Plat Pronto
A subdivision of land by the State of Texas consisting of a group of surveyed tracts, each having a section number.
Block
Refers to an original land survey that was not intended as part of a block, and may or may not carry an assigned survey/section number.
Survey
The unit of subdivision of a block, traditionally containing 640 acres of land, more or less, and having an assigned section number.
Section
A surveyed tract of land that was granted or sold and patented by the General Land Office of Texas and assigned an blank number.
Abstract
A stand alone survey which is traditionally 4428.4 acres (5000 varas square).
League
Traditionally 177.136 acres (1000 varas square). There are 25 of these in 1 league.
Labor
Refers to the very large original Spanish land grants found primarily in south Texas along the Rio Grande.
Porcion
A further breakdown of a procion, similar to leagues and labors. A county level survey.
Share
The boundary of a current property ownership parcel.
Tract
A further breakdown of a tract which has been subdivided into relatively equal parts and numbered.
Lot
Conflicting surveys which are on record at the General Land Office as having a valid patent.
Junior Surveys and Overlaps
Unabstracted acreage still in the state’s possession.
State Lands
How many square feet are in one acre.
43,560 square feet
