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WorksheetsReal Estate Part 6
Total questions: 79
Worksheet time: 40mins
What are the powers that affect real estate?
police powers
taxation
eminent domain
escheat
Taxation is
the actual taking of title
the inability to use a property
a charge on real estate to meet the financial needs of government.
the allowance of the government or its agencies may take title to privately held land for public use without the owner's consent
Eminent domain
a charge on real estate to meet the financial needs of government
the taking of title to the property
paying for property that doesn't belong to you
the government or its agencies may take title to privately held land for public use without the owner's consent.
Condemnation
The process of actually taking of title to the property
a charge on real estate to meet the financial needs of government
a charge, claim, or liability on real estate
action forced a significant loss of value or inability to use the property
What are the requirements for condemnation?
The proposed use must be declared by the court to be for the public good.
Property owners may force inverse condemnation for their property if government action has forced a significant loss of value or inability to use the property.
The property owner is entitled to fair compensation from the government. When only part of the property is taken by the government, resulting in a decrease in property value, the owner is entitled to compensation for the loss of value.
The rights of the property owner must be protected by due process of law.
Property owners may force ___ of their property if government action has forced a significant loss of value or inability to use the property.
escheat
inverse condemnation
condemnation
taxation
The city builds a new airport runway that ends near a homeowners' property, significantly diminishing its suitability as a residential property. The homeowner may force the city to condemn and purchase the home. What is this called?
taxation
inverse condemnation
condemnation
escheat
If a person dies and leaves no will or heirs, title to the property will revert to the state or the county where the property is located through the government power of?
escheat
police powers
eminent domain
taxation
Protecting the rights of the property owner
Due process of law
For the public good
Fair compensation
What use will be made of the property?
Due process of law
For the public good
Fair compensation
What the property owner will receive.
Due process of law
For the public good
Fair compensation
Forcing the government to take property
Inverse condemnation
Taxation
Escheat
Eminent Domain
Raising money to meet the financial needs of government
Inverse condemnation
Taxation
Escheat
Eminent Domain
Passing title of property to the state if no heir can be found.
Inverse condemnation
Taxation
Escheat
Eminent Domain
Acquiring title to property by the state to allow a highway to be built.
Inverse Condemnation
Taxation
Escheat
Eminent Domain
If a property owner dies leaving no heirs, title to the property may pass to the government through its powers of eminent domain.
True
False
Real estate is easily taxed because it's is immobile and ownership is in the public records.
True
False
The government power of taking private land for the public good.
Taxation
Escheat
Eminent domain
Condemnation
The government power whereby property reverts to the state or county if the owner dies without a will and leaves no heirs.
Taxation
Escheat
Eminent domain
Condemnation
The government power that is used to raise money for funding local government.
Inverse condemnation
Excheat
Condemnation
Taxation
Action initiated by property owners to force the government to buy their property.
Inverse condemnation
Condemnation
Eminent doman
Excheat
The legal process used by the government to carry out its power of eminent domain.
Inverse condemnation
Condemnation
Taxation
Escheat
Encumbrance
allows a person to use another person's property for some state purpose
a charge, claim, or liability on real estate
prevents an owner from using the property in some manner
the right to use someone's land
What are the two types of encumbrances?
that affect your property as well as what's allowed at the nearby property
that affect only title, such as liens and judgments
that affects your property, the title, and the improvements made to the property before the encumbrances took affect
that affect both the title and the physical conditions of the property, such as easements, encroachments, and deed restrictions
An easement
is speaking of air space only
is the right to use someone's land
the right to possess someone's land temporarily
the right to rent to own someone's land
Easements are called ___ in real estate because they give the easement holder the right to use the property but not to possess it.
ground rental rules
no possessory interests
possessory interests
passatory rights
Easements can be
positive or negative
affirmed or defirmed
given or distributed
claimed or auctioned
Belong to the land and transfer with the title
positive easements
negative easements
gross easements
appurtenant easements
Easement ends on the death of either the party giving the easement or the easement holder
Negative easement
Positive easement
easement by necessity
Appurtenant easement
Positive easements prevent an owner from using the property in some manner.
True
False
Negative easements allows a person to use another's property for some stated purpose.
True
False
The most commonly used way to create easements
By written agreement
By express grant in a deed
By express reservation in a deed
The deed, which includes the easement, is given by the owner of the property over which the easement will run
written agreement
express grant in a deed
express reservation in a deed
A father sells his summer cottage on the lake to his son and reserves in the deed an easement right for himself so he can enter the property in the future to fish.
express reservation in a deed
a written agreement
by express grant in a deed
A developer has set aside an area for a park and includes an easement right to enter the park in the deed to each lot owner in the development.
a written agreement
an express grant in a deed
express reservation in a deed
___ can be claimed by a person who travels across a parcel of land owned by another and continuously for five years or more without the owner's permission or consent.
Easement by prescription
Easement by necessity
Easement by expiration
End of purpose
Unauthorized use of another's land in compliance with certain requirements defined by state law will create this?
easement by expiration
easement by expiration
easement by prescription
easement by condemnation
Termination of easements can be done in how many ways?
3
4
5
6
Creating easements can be done in how many different ways?
3
4
5
6
If the easement was created for a specified period, the easement automatically ends when the period expires.
True
False
A privilege to use the land of another for a specific purpose.
encroachment
restrictions
easement
license
Unauthorized physical intrusions of a building or other form of real property onto an adjoining property.
Negative easements
Encroachments
License
Easement
The owner of the property being encroached on can take court action to
force the removal of the encroachment
physically tell the owner to move to another location
to recover damages
Conditions or limitations placed in a deed by the owner when property is transferred to another party is convenants, conditions, and restrictions (CC&Rs).
True
False
What usually affects an entire subdivision?
Deed restrictions
Convenants, conditions, and restrictions
Easements
Encroachments
List 2 ways easements can be classified.
positive or negative
deed restrictions or CC&Rs
Expiration or Merger
apprutenant or easements in gross
There are 6 ways that easements can be created. List 3
written agreement
abandonment
expressed grant in deed
prescription
There are 6 ways that easements can be created. Name 3 of them.
Expiration
Expressed reservation in a deed
Condemnation
Necessity
What are ways for terminating an easement?
Expiration
End of purpose
Merger
Agreement
Court action
Encumbrances usually prevent title to the property from passing.
True
False
Expressed reservation in a deed is the most commonly used way to create an easement.
True
False
Because both a license and an easement allows a person to enter another's property, they are essentially the same thing.
True
False
Encroachments can usually be discovered by a survey rather than by looking in the public records.
True
False
A property owner can prevent her neighbor from building a second story that would block the sun to her garden
encroachment
positive easement
negative easement
license
A parking lot allows you to park your car for a fee
license
negative easement
encroachment
positive easement
The eaves of a house hangs over the property line of the adjoining property.
negative easement
license
encroachment
positive easement
You are given the right to enter your neighbor's property to launch your boat.
negative easement
license
encroachment
positive easement
Illegal physical intrusion on another's land by an improvement.
Encumbrance
License
Deed restriction
Encroachment
A charge, claim, or liability on the property.
Encumbrance
License
Deed Restriction
Encroachment
A personal privilege to enter another's land for a specific purpose.
License
Deed restriction
Encroachment
Easement
A clause in the deed that limits the owner's use of the property
License
Deed restriction
Encroachment
Easement
Appurtenant easements
The parcels of land does not have to be near each other
There must be at lase 2 parcels of land located next to each other
The parties must be in relation with one another
The parcels must be owned by different parties
The parcel of land that benefits from the easement is call
servient tenement
Dominant tenement
The parcel of land over which the easement runs is called the
dominant tenement
servient tenement
An appurtenant easement runs with the land.
True
False
Created by law over the adjoining property; land sold by its owner has no access to a public way except over the seller's remaining land.
Easement by Necessity
Party wall easement
Positive easement
Negative easement
Wall of a building straddles the shared boundary line of two separate properties, or it can be a commonly shared partition between two connected properties
Appurtenant easement
Dominant tenement
Party wall agreement
Easement by necessity
Easement in gross
runs with the land
terminates at the death of the owner
can be assigned to someone other than the recipient
An easement in gross has a __ but no ___.
appurtenant easement
servient tenement
dominant tenement
Acquired when a claimant uses another's land for a period of time as defined by state law
easement by prescription
commercial easements in gross
easements in gross
easement by necessity
Easements belong to properties that are adjacent to each other
Easement by necessity
Appurtenant easement
Servient tenement
Dominant tenement
An easement right givent to a person to enter someone's land for a specific purpose
Easement in gross
Easement by prescription
Commercial easement in gross
Run with the land
An easement right granted by court order when there is no access to a person's land
Dominant tenement
Servient tenement
Appurtenant easement
Easement by necessity
Acquiring an easement right by using the property without the owner's consent.
Easement in gross
Easement by prescription
Commercial easement in gross
Easement by necessity
The right given to utility companies to go onto the land to maintain their equipment.
Commercial easement in gross
Easement by prescription
Easement in gross
Tacking
A tract of land that benefits from an easement appurtenant right.
servient tenement
dominant tenement
tacking
run with the land
A tract of land over which an appurtenant right runs
Easement by necessity
Appurtenant easement
Servient tenement
Dominant tenement
Easement rights that are passed on to the successive owners of the property
Easement in gross
Commercial easement in gross
Run with the land
Easement by prescription
Combining successive periods of property use
Run with the land
Tacking
Easement by necessity
Commercial easement in gross
