easement by necessity
an easement allowed by law as necessary for the full enjoyment of a parcel of real estate (e.g., right of ingress and egress over grantor's land)
defeasible fee estate
an estate in which the holder has a fee simple title that may be divested upon the occurrence or nonoccurrence of a specified event
fee simple on condition precedent & fee simple on condition subsequent
two types of defeasible fee estates
legal life estate
a form of life estate established by state law, rather than created voluntarily by an owner; becomes effective when certain events occur
inverse condemnation
an action bought by a property owner seeking just compensation for diminished use and value of land because of an adjacent property's public use
eminent domain
the right of a government or municipal quasi-public body to acquire property for public use through a court action called condemnation, in which the court decides that the use is a public use and determines the compensation to be paid to the owner
lis pendens
a recorded legal document giving constructive notice that an action affecting a particular property has been filed in either a state or a federal court
encroachment
a building or some portion of it--a wall or fence-- that extends beyond the land of the owner and illegally intrudes on the land of an adjoining owner or a public street or alley
easement by prescription
an easement acquired by open, notorious, continuous, hostile and adverse use of the property for the period of time prescribed by state law
deed restrictions
clauses in a deed limiting the future uses of the property; may impose a vast variety of limitations and conditions; for example, they may limit the density of buildings, dictate the types of structures that can be erected, etc.
lien
a right given by law to certain creditors to have their debts paid out of the property of a defaulting debtor, usually by means of a court sale
right-of-way
the right given by one landowner to another to pass over the land, construct a roadway, or use as a pathway, without actually transferring ownership
servient tenement
land on which an easement exists in favor of an adjacent property, called the dominant tenement
dominant tenement
a property that includes in its ownership the appurtenant right to use an easement over another person's property for a specific purpose
party wall
an exterior wall of a building that straddles the boundary line between two lots, or a commonly shared partition wall between two connected properties
subject to
buyer takes title of property and makes payments on the existing loan but is not personally obligated to pay the debt in full; original seller might continue to be liable for debt
tacking
concept providing that successive periods of continuous occupation by different parties may be combined to reach the required total number of years needed to establish a claim for a prescriptive easement
taking
process of land being taken from a property owner for public use through eminent domain with the requirement that the owner be compensated fairly
condemnation
a judicial or administrative proceeding to exercise the power of eminent domain, through which a government agency takes private property for public use and compensates the owner
easement
a right to use the land of another for a specific purpose, such as for a right-of-way or utilities; an incorporeal interest in land because it does not include a right of possession
encumbrance
anything--such as a mortgage, tax, or judgment lien; an easement; a restriction on the use of the land; or an outstanding dower right--that may diminish the value or use and enjoyment of a property
easement in gross
an easement that is not created for the benefit of any land owned by the owner of the easement but that attaches personally to the easement of the owner; for example, a right granted by a property owner to a friend to use a portion of the property for the
homestead
land that is owned and occupied as the family home
life estate
an interest in real or personal property that is limited in duration to the lifetime of its owner or some other designated person or persons
easement appurtenant
an easement that follows along with the land
living trust
a trust that is created during the trustor's lifetime
fee simple
the highest interest in real estate recognized by the law; the holder is entitled to all rights to the property
fee simple determinable
a fee simple estate qualified by a special limitation; language used to describe the limitation includes the words so long as, while, or during
fee simple subject to a condition subsequent
an estate carrying the limitation that, if it is no longer used for the purpose conveyed, it reverts to the original grantor by the right of reentry
appurtenant easement
an easement that is annexed to the ownership of one parcel and allows the owner the use of the neighbor's land
freehold estate
an estate in land in which ownership is for an indeterminate length of time, in contrast to a leasehold estate
license
in real estate practice, the privilege or right granted to a person by a state to operate as a real estate broker or salesperson; the revocable permission for a temporary use of land--a personal right that cannot be sold
escheat
the reversion of property to the state or county, as provided by state law, in cases in which a decedent dies intestate without heirs capable of inheriting, or when the property is abandoned
future interest
a person's present right to an interest in real property that will not result in possession or enjoyment until sometime in the future, such as a reversion or right of reentry
remainder interest
the remnant of an estate that has been conveyed to take effect and be enjoyed after the termination of a prior estate, such as when an owner conveys a life estate to one party and the remainder to another
fee simple absolute
the maximum possible estate or right of ownership of real property, continuing forever
estate in land
the degree, quantity, nature, and extent of interest a person has in real property
reversionary interest
the remnant of an estate that the grantor holds after granting a life estate to another person
pur autre vie
for the life of another"; a life estate that is measured by the life of a person or persons other than the grantee
Which of the following life estates is created by someone other than the owner?
Ordinary life estate
Conventional life estate
Community property life estate
Legal life estate
Legal Life Estate
Which of the following is an illustration of the legal concept of elective share?
A widower whose spouse died without a will sues to change the provisions of the will.
A spouse who loses her home because of her husband's gambling debt sues in court for ex
A widow who was excluded from a will makes a claim to a portion of the couple's principal residence.
The highest form of ownership interest one can acquire in real estate is the:
absolute fee simple estate.
What distinguishes a pur autre vie life estate from an ordinary life estate?
The pur autre vie estate endures only for the lifetime of a person other than the grantee.
Examples of interests include all but which of the following:
A buyer who prevents an owner from selling the property to another party under the terms of the sale contract
A weekend guest at a property of a friend
A tenant who temporarily enjoys the right
A weekend guest at a property of a friend
What distinguishes a freehold estate from a leasehold estate?
A leasehold endures only for a specific period of time.
A widower's life estate claim to portions of his deceased spouse's real property. See also dower.
Courtesy
A fee estate where ownership is perpetual, provided that usage restrictions or other conditions stated in the deed are upheld. If not, the fee reverts to the grantor either automatically (determinable fee) or by the grantor's actions (condition subsequent
Defeasible Fee
A widow's life estate interest in portions of her deceased spouse's real property.
Dower
A set of rights to real property that includes the right of possession. 2. The totality of one's personal and real property ownership.
Estate
An estate representing the highest form of legal ownership of real property, particularly the fee simple absolute estate.
Fee Simple
An ownership estate of indeterminable duration; contrasts with a leasehold estate.
Freehold Estate
A life estate established by operation of law rather than by the actions or wishes of the property owners. Examples are homestead law, dower, curtesy.
Legal Life Estate
A freehold estate that is limited in duration to the life of the owner or other named person. On the death of this person, legal title passes to the grantor or other named party.
Life Estate
A life estate where the grantee's interest endures over the lifetime of another party named by the grantor.
Pur Autre Vie
A future freehold interest in a life estate held by a third party remainderman named by the grantor. When the life tenant dies, the estate passes to the remainderman. See also reversion.
Remainder
A transfer of title from a life estate tenant back to the grantor.
Reversion