Appurtenance - ANSWER Anything than can benefit the land or make it more valuable.
Rights of Real Estate - ANSWER Possession
Use
Encumber - e.g. mortgage
Dispose
Exclude - e.g. exclude certain uses
Avulsion/Ero
...
Appurtenance - ANSWER Anything than can benefit the land or make it more valuable.
Rights of Real Estate - ANSWER Possession
Use
Encumber - e.g. mortgage
Dispose
Exclude - e.g. exclude certain uses
Avulsion/Erosion - ANSWER Sudden/Gradual loss of land through natural causes
Accretion - ANSWER Adding land through natural causes
Accession - ANSWER Taking title to additional property through accretion or attachment
Mineral Rights - ANSWER May be sold
Transfer with the land
Do legal descriptions of real property describe or include improvements? - ANSWER They include them, they do not describe them.
Metes and bounds - ANSWER *Used for irregular property
*Metes - measures in feet & compass degrees
*Bounds - Boundaries
*Use a permanent reference marker at each corner - monument
*Begin and end at point of beginning, go in clockwise direction
Holographic will - ANSWER Will entirely handwritten and signed
Rectangular (Governmental) Survey - ANSWER Uses grid system
*Meridians & Ranges = North & South
*Baselines & Tiers = East & West
*Makes townships
Township - ANSWER 36 Sections
Section - ANSWER 1 mi x 1 mi
640 acres
1 Acre = ft sq - ANSWER 43,560 sq ft
Recorded Plat Map (Lot & Block) - ANSWER *Used for subdivisions
*Most common in urban residential areas
Frontage - ANSWER Distance of lot facing street
Survey - ANSWER Measures property line, houses, easements, etc.
Can be used for legal description
Improvement Location Certificate - ANSWER Only talks about improvements
Can be used for legal description
Buffer zone - ANSWER separates two significantly different land uses
Certificate of Occupancy - ANSWER Building complies with building codes
Conditional or Special Exception to Zoning - ANSWER Specific type of variance allowing for different use (church)
Special or Exceptional Use Zoning - ANSWER Zoning map laid over original zoning (school, utility company)
Amendment to zoning - ANSWER Zoning change for an entire area
Variance in zoning - ANSWER Allows deviation to prevent economic hardship
Governmental Land Rights - ANSWER Police Power - Land Use
Eminent Domain - Take land back; condemnation
Taxation - ad valorem - at assessed value by county
Escheat - Right to abandoned land - intestate
Prop 13 - ANSWER *Tax limited to 1% plus voter-approved indebtedness
*Annual increases cannot exceed 2%, unless reassessment event occurs
*Homeowners may deduct $7k from assessed value
*Seniors postpone paying taxes until sale
Life Estate - ANSWER Ownership for duration of life
*Pur autre vie - term of ownership measured by 3rd party's life
Life tenant may lease or sell
Statute of Frauds - ANSWER All transfers of interest must be in writing, EXCEPT leases of 12 months or less
Estate for Years - ANSWER *Specific termination date
*Lease doesn't end upon death, nor sale of property
Fee Simple Absolute - ANSWER Complete Bundle of Rights
Fee Simple Defeasible - ANSWER You own it so long as...
Periodic Estate - ANSWER *Renews automatically with payment of rent
*Terminated by advance notice
Estate at will - ANSWER *As long as both parties are willing
Estate at sufferance - ANSWER *Holdover after lease ends
*Can evict or collect rent
*If rent collected, then periodic estate
Appurtenant Easement - ANSWER Transfers with the land
Easement in gross - ANSWER Attached to an individual, not the land (e.g. Utility company)
Easement by necessity - ANSWER To prevent landlocked land
Easement by prescription - ANSWER *Must be continuous for five years
*May be terminated after five years of nonuse
Types of Deed restrictions and potential land loss - ANSWER *Covenant - no loss of property
*Condition - contingency - loss of property
Estate in Severalty - ANSWER Owned by one person or corporation
Property goes to heirs
Tenancy in Common - ANSWER *Co-ownership
*NO right of survivorship to other owners (heirs take over share)
Joint Tenancy - ANSWER *Equal shares
*Right of survivorship - Overrides a will
Four Unities (Joint Tenancy, Tenants by the Entirety) - ANSWER PITT
*Possession - right to possess whole property
*Interest - Both have same kind of interest
*Time - Interest acquired at same time
*Title - Must have used same instrument to gain interest
Condominium - ANSWER *Fee Simple
*Own ONLY the unit
*Everything else is owned as joint tenancy
Cooperative - ANSWER *Owned by corporation, allows shareholders to occupy
*No deed
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