Unit 2 Natl Flashcards
estate in land
degree, quantity, nature, and extent of an owner’s interest in real property.
freehold estate
lasts for an indeterminable length of time, such as for a lifetime or forever. `
fee simple estate
(absolute) highest interest in real estate recognized by law. Owner entitled to all rights to the property by law.
fee simple defeasible
(qualified fee) subject to the occurrence or nonoccurrence of some specified event.
fee simple determinable
fee simple defeasible that may be inherited.
fee simple subject to a condition subsequent
an owner gives real estate on condition of ownership, which means there is a difference in the way the estate will terminate if there is a violation of the condition. Owner has right of reentry but must take to court.
life estate
freehold estate limited in duration to either the life of the holder of the estate or the life of some other designated person.
Pur Autre Vie
for the life of another
Remainder interest
the creator of the life estate may name a remainderman
Reversionary interest
the creator of the life estate may choose not to name a remainderman.
legal life estate
not created by a property owner, but rather is established by state law.
homestead
legal life estate in real estate occupied as the family home. Creditors cannot take primary home.
encumbrance
type of interest in real estate that does not rise to the level of ownership or possession, yet still gives an individual, business, or other entity some degree of use or control of the property.
lien
charge against property that provides security for a debt or an obligation.
deed restriction
will run with the land, limiting the use of the property by the current owner, as well as future owners.
CC&R Covenants, conditions, and restrictions
are used by a subdivision developer to maintain specific standards in a subdivision, such as by requiring adherence to certain architectural or design specifications for improvements.
easement
right to use the land of another for a particular purpose.
easement appurtenant
attached to the ownership of real estate and allows the owner of that property the use of a neighbor’s land.
easement in gross
individual or company interest in or right to use someone else’s land.
testate
dies with a will
easement by necessity
land that has no legal access to a street or public way
easement by prescription
claimant has made use of another’s land for a certain period of time as defined by state law.
terminating an easement
when the need no longer exists, owner of either the dominant or the servient tenement becomes sole owner of both properties, abandonment of the easement or by the nonuse of a prescriptive easement.
license
personal privilege to enter the land of another for a specific purpose. ends with the death of either party or the sale of the land.