Unit 3 Flashcards
Unlike other freehold estates, a life estate is not inheritable. It passes to future owners according to the provisions of the life estate.
True
Freehold estates last for a specified length of time, such as one year.
False
What should Bernardo have done to have the right to use Debra’s driveway?
Reserved an easement right over the original property when he sold it to Debra
What is Bernardo’s BEST recourse at this point?
Build a new driveway that is on the property he now owns.
Does Bernardo have the right to use Debra’s driveway?
No, because the easement he gave to Marissa is no longer valid.
An encumbrance is not an estate, so it does NOT allow possession.
True
Covenants, conditions, and restrictions (CC&Rs) are police powers that affect land use.
False
Condemnation is the right of the government to acquire privately owned real estate for public use. Eminent domain is the process by which the government exercises this right, by either judicial or administrative proceedings.
False
Escheat is a process by which the state may acquire privately owned real or personal property.
True
If the dominant estate merges with the servient estate, which of these is TRUE?
The easement is terminated.
After negotiation and payment, the owner of a lot has granted a neighbor an easement, which was recorded. All of the following are true of the easement EXCEPT
it can be revoked.
Every state has the power to enact legislation to preserve order, protect the public health and safety, and promote the general welfare of its citizens. That authority is known as a state’s police
power.
The right of a government body to take ownership of real estate for public use is called
eminent domain.
The electric company has the right to extend its wires over 50 parcels of land. What right does the electric company have?
The electric company has the right to extend its wires over 50 parcels of land. What right does the electric company have?
State environmental protection laws are examples of
police power.
A homestead is a legal life estate in real estate that is
occupied as the family home.
A tenant who rents an apartment from the owner of the property holds
a leasehold interest.
A mortgage or deed of trust recorded against real property to secure the payment of a debt is
A mortgage or deed of trust recorded against real property to secure the payment of a debt is
A property owner can seek compensation when the property’s value has been diminished because of an adjacent public use by claiming
inverse condemnation.
Which of the following has an indeterminable duration?
Freehold estate
Your neighbors use your driveway to reach the garage on their property. Your attorney explains that the neighbors’ real estate includes an easement appurtenant giving them the right to do this. Your property is
the servient tenement.
In order to prevent property from being ownerless or abandoned, the government acquires property through the process of
escheat.
The holder of a life estate is called
a life tenant.
The estate in land that is qualified by a special limitation is
the fee simple determinable.
Which of the following is TRUE about an estate in land?
It defines an owner’s interest in real property.
Which of the following is NOT a governmental power?
Condemnation
Police powers include all of the following EXCEPT
deed restrictions.
