Unit 7 Flashcards
Govenmental Powers
individual ownership rights limited for welfare of the community
Police Power
States authority passed to municipalities thru legislation called enabling acts
Eminent Domain
Right of government to acquire private real estate for public use.
Condemnation is process by which they exercise that right. Just compensation must be paid to owner
Quick Take in Illinois
summary proceeding in which plaintiff obtains immediate fee simple title, including possession and use
ex. highways, sanitary district remove obstructions from river, airports take land
Taxation
Charge on real estate to meet public needs of government
Escheat (revert)
State acquires private real or personal property when owner dies and leaves no heirs. in IL property escheats to the county where located
Land Estates
defines degree of an owners interest in real property
Freehold estates
last for a lifetime or forever. Fee simple, defeasible fee and life estates. Fee Simply and Defeasible continue forever and can be passed on to owners heirs
Life Estate
Based on lifetime of that person and ends when they die
Life Tenant
Entitles rights of ownership but they can’t injure (WASTE) property
Leasehold Estate
last for fixed period of time
Fee Simple Estate
last forever and pass to heirs or as stated in will. 2 kinds:
absolute - absolute ownership only limited by certain public and private restrictions ie. zoning
defeasible - subject to occurrence or nonoccurrence of a specified event
Condition Subsequent
Give land to hs, no alcohol use, if violated go to court and get rights back
Fee simple Determinable
a defeasible the may be inherited determined by special limitation ex. as long as…gets back without going to court. IL Max is 40 years
Conventional Life Estate
Created by deed or will and conveyed to life tenant
Pur autre vie
life tenants “ownership” based on death of another person
Remainder
creator names remainderman
Reversion
creator recaptures ownership
Legal life estate
life estate established by state law. NOT in IL Dower and Curtesy
Homestead in IL
legal life estate in real estate occupied as family home. in IL, homestead value 15000 single, 30000 married
Easements
right to use land of another for particular purpose
Appurtenant Easement
use of neighbors land ex beach access
Easement by necessity
no other access to street or public way
Easement by prescription
continued use for 20 years - can be tacked (used by different parties thru purchase,)
What terminates an easement:
- no need
- owner gets ownership of both properties
- release
- abandonment
- non-use of prescriptive easement
- adverse possession
- destruction
- lawsuit
- property conversion
Encumbrance
Restrictions, easements, licenses, encroachment
Liens
Charges against property that provides security for debt
Deed Restrictions
private agreement that effect land use. Run with land. Ex. Covenants in subdivision
License
personal privilege to enter land of another for specific purpose
Encroachment
all or part of structure illegally extends
Nature and Water
riparian - flowing water
littoral - lakes, oceans
these are attached to land
Accretion
increase in land
Erosion
decrease in land
Avulsion
sudden removal, ex earthquake
