Unit 2

Question 1

Police Power -public control of land

Answer 1

right to enact and enforce laws governing land use

Question 2

Eminent Domain

Answer 2

right to take private land for public use. The process is called condemnation

Question 3

Escheat

Answer 3

government’s right when a property is abandons or when owner dies intestate (no will and no heirs)

Question 4

Freehold Estate definition

Answer 4

ownership for an indefinite duration

Question 5

Leasehold Estate definition

Answer 5

possession for a fixed term

Question 6

Freehold estates rights of ownership: fee simple absolute

Answer 6

complete bundle of right; lasts forever, inheritable

Question 7

Freehold estates rights of ownership: fee simple defeasible

Answer 7

gives you all right with a condition. If condition is violated rights go back to grantor

Question 8

Freehold estates rights of ownership: Life estate

Answer 8

get all the rights of a property during your lifetime. Upon death estate returns to fee simple absolute and goes back to the grantor (reverter) or a third party (remainderman)

Question 9

Leasehold estates rights of possession: estate for years

Answer 9

specific termination date, no advance notice required. death of landlord or tenant does not terminate lease

Question 10

Leasehold estates rights of possession: periodic estate/estate from period to period

Answer 10

renews automatically for set period upon payment of rent; terminated by advanced notice

Question 11

Leasehold estates rights of possession: estate at will

Answer 11

indefinite duration - tenant occupies at landlord’s discretion; terminate by notice

Question 12

Leasehold estates rights of possession: estate at sufferance

Answer 12

owner allows someone to stay while they are experiencing suffrage; owner may evict tenant at any time.

Question 13

Easement

Answer 13

right to use the lands of another for a specific purpose; runs with the land; not revocable

Question 14

appurtenant easement

Answer 14

an easement that is joined to the ownership of one parcel and allows the owner the use of the neighbor’s land

Question 15

easement in gross

Answer 15

an easement that does not benefit the owner but does benefit the easement owner. Example is a road built on one property to provide access to the neighbors property

Question 16

easement by necessity

Answer 16

granted by the courts to a private owner if there is no other access.

Question 17

deed restrictions

Answer 17

are private controls on private land; ex: no rvs allowed to park in driveway, no fences in front yarn, etc

Question 18

lien

Answer 18

a claim on land to secure payment of debt

Question 19

2 ways to release a lien

Answer 19

1. a lien waiver releases an unrecorded lien 2. a recording of satisfaction releases a recorded lien

Question 20

Which lien has priority over all liens?

Answer 20

Government lien for property taxes or special assessments

Question 21

A section contains how many acres?

Answer 21

640 acres

Question 22

An acre contains how many square feet?

Answer 22

43,560 sq ft

Question 23

encumbrance

Answer 23

is an right, claim, or interest in property held by someone other than the property owner