Real Estate Unit 1, Section 6, Unit 2: Voluntary and Involuntary Alienation

Give some examples of involuntary alienation:

- Adverse possession - Court-ordered portioning of property - Descent - Escheat - Eminent Domain - Foreclosure - Natural Processes - Regulatory takings

What are examples of voluntary alienation?

- Deeds - Wills

What is a public grant?

A public grant is the transfer of ownership from public to private. *This is the reverse of a dedication! *This may be used to grant power, license, or real property from the state or federal gov to a private individual.

What is regulatory taking?

A taking occurs when private property is regulated by a governmental authority to the detriment of the landowner.

Which method of alienation is being used? Al lived in a shed behind Ed's house for 10 years. Ed lists the house for sale; Al claims the shed and the property on which it sits is his. - Regulatory taking - Eminent domain - Adverse possession - Deed

Adverse Possession

What does the word "alienation" refer to in real estate?

Alienation refers to the transfer of ownership (or title) away from the current owner.

Which method of alienation is being used? Eric and Amy were divorcing and couldn't agree how to divide their assets. The court stepped in and made the decision for them. - Will - Natural processes - Foreclosure - Court-ordered partitioning

Court-ordered partitioning

Which method of alienation is being used? Jan wants her daughter to have her house, so she has a lawyer draft a sales agreement and she sells it to her for $1. - Regulatory taking - Eminent domain - Adverse possession - Deed

Deed

Which method of alienation is being used? Marcia has to sell her house to the state, which is removing houses to widen a highway. - Regulatory taking - Eminent domain - Adverse possession - Deed

Eminent Domain

Alice died alone with no known relatives and no will. No one made a claim to her house, so the property is taken by the state and turned into a home for children. What method of involuntary alienation was used in this situation?

Escheat *Because Alice's estate had no heirs or creditors, the state took the property and repurposed it for public use.

Which method of alienation is being used? Sam fell behind on his mortgage payments, and eventually the bank stepped in and forced the property to be sold. - Will - Natural processes - Foreclosure - Court-ordered partitioning

Foreclosure

Identify each method as either voluntary or involuntary. Adverse possession

Involuntary

Identify each method as either voluntary or involuntary. Court-ordered partitioning

Involuntary

Identify each method as either voluntary or involuntary. Descent

Involuntary

Identify each method as either voluntary or involuntary. Eminent domain

Involuntary

Identify each method as either voluntary or involuntary. Escheat

Involuntary

Identify each method as either voluntary or involuntary. Foreclosure

Involuntary

Identify each method as either voluntary or involuntary. Regulatory taking

Involuntary

Greg died of a heart attack on his 75th birthday, leaving no will. His wife is deceased, and the couple had no children. Greg's estate goes into probate, and the court determines which of Greg's heirs will inherit the family home. What method of alienation was used in this situation?

Law of Descent

Which method of alienation is being used? Olivia has a beautiful home on the beach, but each year, she loses a little more land to the sea. - Will - Natural processes - Foreclosure - Court-ordered partitioning

Natural processes

Which method of alienation is being used? The city council imposed so many use restrictions on Myron's property, there's no way he could recoup his initial investment if he sells. - Regulatory taking - Eminent domain - Adverse possession - Deed

Regulatory Taking

What is a land patent?

The document used to convey a public grant of real property

Escheat

The state takes ownership of property that belonged to a person who died intestate with neither heirs nor creditors, and uses it for the public good It may seem opportunistic of the government to take personal property when a person dies without a will or creditors who can make a claim on the property, but imagine what would happen if the property lay vacant and unused for years. By taking possession, the government can put the property back into use for the public good.

Eminent Domain

This is the power of the government to take private land for public use.

Law of Descent

This is when someone dies without a will, and probate law is used to determine who inherits both real and personal property.

What is adverse possession?

This is when someone uses another person's property (abandoned property) and can claim it as their own after using it for a certain period of time.

Identify each method as either voluntary or involuntary. Deed

Voluntary

Identify each method as either voluntary or involuntary. Will

Voluntary

What are the 2 types of alienation?

Voluntary and involuntary

What does "testate" mean?

When a person dies with a will in place

Court-ordered partioning of property

When tenants in common own land that can be partioned, and they have decided to divide the land for whatever reason (divorce, disagreement, etc.), but they can't agree as to how the property should be divided - the courts may step in and order the sale of the property.

Which method of alienation is being used? Cindy devised her house to her brothers and sisters upon her death. - Will - Natural processes - Foreclosure - Court-ordered partitioning

Will

What does intestate mean?

intestate = not having a will made before death