Set 2 Flashcards
A property that contains asbestos insulation wrapped around pipes would be best remedied by:
ANSWERS
A » removing the insulation
B » encapsulation
C » replacing the pipes
D » installing a water filtering system
B Encapsulation
(B) The best way to solve pipes wrapped with asbestos (which may be a health hazard) is to encapsulate, i.e., seal or enclose the insulation. (A) Removing the insulation might make things worse as the asbestos particles could become friable or airborne. (C) Replacing the pipes would once again disturb the asbestos. (D) A water filtering system would not deal with the issue at hand.
What does CERCLA stand for
Comprehensive Environmental Response, Compensation and Liability Act
deals with prohibiting of dumping hazardous waste on property, such as a buried oil tank.
T/F: An easement by necessity applies when an owner is landlocked.
True
An easement by necessity applies when an owner is landlocked.
T/F: An easement is a right to cross over another`s property.
True
An easement is a right to cross over another`s property.
Do riparian rights have to do with flowing to standing water
flowing water
“Glossary
RIPARIAN
Property bordering a flowing waterway; e.g., river or stream”
T/F: Riparian rights have to do with non-moving bodies of water
FALSE
riparian rights for flowing bodies of water
“Glossary
RIPARIAN
Property bordering a flowing waterway; e.g., river or stream”
T/F: A survey measures property boundaries and identifies any encroachments.
True
A survey measures property boundaries and identifies any encroachments.
What is eminent domain?
Eminent domain is the right of the government to take property for public good.
Water rights are generally covered under federal guidelines. Some states cover water rights under riparian and littoral laws. In the absence of specific guidelines, water rights are generally governed by:
ANSWERS A » eminent domain B » prior appropriation C » express reservation D » police power
B Prior appropriation
(B) Prior appropriation is a water law that says first in time is first in rights; the owner has an exclusive right to divert water for specific uses. (A) Eminent domain is the right of the government to take property for public good. (C) Express reservation is not a valid term. (D) Police power deals with keeping things in order, such as zoning.
Dower
A life estate interest a wife receives in property upon husband`s death, regardless of debts owned on the property
Dower and curtesy refer to a spouse’s right to live in their deceased spouse`s property for the rest of their lives.
Curtesy
A life estate interest a husband receives in property upon wife`s death, regardless of debts owned on the property
Dower and curtesy refer to a spouse’s right to live in their deceased spouse`s property for the rest of their lives.
Is a deed restriction binding on future owners?
Yes
A deed restriction is recorded on the public record and is binding on all current and future owners.
Escheat
Escheat is when a person dies with no will and no heirs (or abandons the property) and the property goes to the state government.
T/F: Condemnation is the PROCESS used to take private property for the public good.
True
Condemnation is the PROCESS used to take private property for the public good.
Eminent domain is the RIGHT of the government to take private property for the public good
T/F: Special assessment taxes are normally to cover the cost of sewers and sidewalks whereby general assessment taxes are to cover public good items such as police and fire protection.
True
Special assessment taxes are normally to cover the cost of sewers and sidewalks whereby general assessment taxes are to cover public good items such as police and fire protection.
