Government Powers
PETE
Police power (Every state has the power enact legislation to preserve order, protect the public health and safety, and promote the general welfare of its citizens)
Eminent domain (The right of the government to acquire privately owned real estate for PUBL
Estate in land
The degree, quantity, nature, and extent of an owners interest in real property
Freehold estate (Estate in land)
Lasts for an indeterminate length of time, such as for a
Lifetime or forever.
Includes:
Fee simple (indefeasible fee), defensible fee: Indefinite period of time and may be passed along to the owners heirs
Life estate: Based on the lifetime of a personal a
Leasehold estate (Estate in land)
Lasts for a fixed period of time.
Include estate for years and estates from period to period.
Estates at will and estates at sufferance
Fee simple estate (Estate in land- freehold estate)
Unlimited duration
Fee simple absolute estate: The highest interest in real estate recognized by law. The holder in entitled to all rights of the property.
Fee simple defeasible: Qualified estate. It is subject to the occurrence or nonoccurrence of some s
Life estate
Freehold estate limited in duration to the life of the owner or the life of some other designated person or persons.
not inheritable
Conventional life estate
Created intentional by the owner. Estate is conveyed to an individual who is called the life tenant. Once the life tenant dies, the estate ends and its ownership passes
Life tenant (Life estate)
in entitled to the rights of ownership and can benefit from both possession and ordinary used profits arising from ownership, just as if the individual held a fee simple interest
Pur Autre vie (Life estate)
For the life of another
Remainder and reversion (Life estate)
Remainder: the creator of the life estate may name a remainder man as the person to whom the property will pass when the life estate ends
Reversion: The creator of the life estate may choose not to name a remainder man. In that case, the creator will reca
Legal life estate
Not created voluntariryly.Established by state law and becomes effective automatically when certain events occur. Dower, curtesy, and homestead.
Dower: Life estate that the wife has in the real estate of her deceased husband
Curtesy: Life estate that the
Encumbrances
A claim, charge or liability that attaches to real estate. In essences it is a right or interest eld by someone other than the property owner that affects title to the real estate but does not necessarily prevent a transfer of time.
Lien (Encumbrances)
Physical (Encumbrances)
Lien: Is a charge against property that provides security for a debt or an obligation of the property owner
Physical: Restrictions, easements, licenses and encroachments
Easements (Encumbrances)
the right to use the lad of another for a particular purpose
*Servient tenement is the land that serves the other party
Dominant tenement is the dominating party benefited by the easement
Appurtenant easement (Encumbrances)
Part of the dominant tenement. If the dominant tenement is conveyed to another party, the beneficial easement transfers with the title.
Party wall easement (Encumbrances)
Can be an exterior wall of a building that straddles the boundary line between two lots, or it can be a commonly shared portion wall between two connecting properties
Easement in gross (Encumbrances)
an individual or company interest in or right to use someone else's land
Easement by necessity (Encumbrances)
Created when an owner sells a parcel of land that has no access to a street or public way except over the sellers remaining land.
Easement by prescription (Encumbrances)
If the claimant has made use of another land for a certain period of time as defined by state law
*20 years for Illinois
Easement by condemnation (Encumbrances)
Acquired for a public purpose through the right of eminent domain
License (Encumbrances)
Is a personal privilege (not a right) to enter the land of another for a specific purpose
Encroachment (Encumbrances)
Occurs when all or a part of a strict illegally extends beyond the land of the owner.
Doctrine of prior appropriation (Nature and water: Rights and restrictions)
Where water is scarce, a state may control all but limited domestic use of water
Riparian rights (Nature and water: Rights and restrictions)
Common law rights granted to owners of land along the course of a river, stream or similar body of flowing water.
Accretion, erosion, avulsion (Nature and water: Rights and restrictions)
*Te amount of land an individual owns may be affected by the natural action of water
Accretion: Increases in land resulting from the deposit of solid by the waters action
Erosion: The gradual and imperceptible wearing away of the land by natural forces such as wind, rain and flowing water. Loosing land.
Avulsion: The sudden removal of soi