EXAMEN CHAPTER 10 AND 11, Examen capitulo 10 y 11, Chapter 10 y 11, Chapter 10 and 11, Chapter 10 and 11, Chapter 10 and 11, Chapter 10 y 11, Chapter 10 y 11, Chapter 10 and 11, Chapter 10 and 11

An urban homestead is limited to a lot or lots not to exceed

10 acres

Cole v. Steinlauf

A deed for real property does not convey marketable title if it does not expressly state that title runs to the grantee and the grantee's heirs, following the common law. This would have created a life estate.

Life Estate

A freehold estate in land that is limited in duration to the life of the owner or to the life or lives of some other designated person or persons. (measuring life) This will trigger (reversionary interest)

Which BEST describes a conventional life estate?

An estate conveyed to A for the life of Z, and on Z's death to B.

A servient tenement is also known as what...? Provider Estate Encumbered Estate Dominant Estate Servient Estate

Appurtenance

collateral relatives

Brothers, sisters, any blood relative who is not an ancestor or lineal descendant.

Intestacy Modern Law

By statute, one's heirs are one's surviving spouse and surviving issue with provision for additional heirs in the event the decedent is not survived by a spouse or issue. A statute will divide the intestate property among the surviving spouse and issue according to a formula.

Descendible

Capable of being transferred by inheritance without a will to one's heirs. (Intestate succession)

Devisable

Capable of being transferred by will (die testate)

Alienable

Capable of being transferred during life by conveyance or grant.

A parcel of real property that has an easement over another piece of property is known as what...? Servient Tenement Subordinate Servient Estate Dominant Tenement

Dominant Tenement

Michael's property has an easement over his neighboring property to use its driveway. Michael's property is known as what...? Dominant Tenement Servient Estate Subordinate Servient Tenement

Dominant Tenement

Michael must use his neighbor's driveway in order to gain access to his garage at the rear of his property. Michael's neighbor grants him access to use the driveway but only for the specific use of providing access to the garage. Michael's right to use his neighbor's driveway is an example of what...? Encumbrance Encroachment Lien Easement

Easement

An easement that benefits the dominant estate and "runs with the land" is known as what...? Involuntary Easement Easement Appurtenant Limited Easement Implied Easement

Easement Appurtenant

An implied easement granted after the dominant estate has used the property in a hostile, continuous, and open manner for a statutorily prescribed number of years is known as what...? Easement by Necessity Easement in Gross Easement by Prescription Easement by Grant

Easement by Prescription

This easement prevents an adjoining landowner from building any structure that would obstruct the passage of light or air from reaching the dominant land is known as what...? Easement by Necessity Easement by Implication Easement for Light and Air Easement in Gross

Easement for Light and Air

Any right to or interest in the land interfering with its use or transfer, or subjecting it to an obligation is known as what...? Lien Encumbrance Easement Encroachment

Encumbrance

Riparian Rights-Non-navigable waterway

For river, stream or lake, land is owned under the water to the exact center of the waterway

Fee Simple Absolute

Freehold Estate w/out the limitation or restriction of any kind for an indefinite period of time;life of owner.

Fee Simple Determinable

Freehold estate that ends automatically on the occurrence of some event and title reverts automatically back to the grantor (a future interest known as a possibility of reverter).

An estate & inheritance tax lien is an example of what type of lien...? Voluntary Lien General Lien Specific Lien Service Lien

General Lien

Riparian Rights

Granted to the owner of the land located along the course of a river, stream, or lake. Owner has unrestricted rights to the use of the water

Which is NOT true under the Texas homestead law?

Homestead rights in property may be terminated by the death of a spouse.

Tenants by the entireties

INHERITANCE-joint ownership reserved for married parties

Escheat

If an intestate has no heirs, his or her property passes to the state.

Doctrine of Riparian Rights

In NC, the ownership of water and the land adjacent to it is determined by this....

Words of Limitation

Indicates the duration of the estate ("and her heirs")

"And her heirs"

Indicates the estate can be inherited/passed at death, creating a fee simple absolute

Words of Purchase

Indicates who the grantee is ("to B")

A lien imposed against property without consent of the owner is known as what...? Involuntary Lien Voluntary Lien General Lien Easement

Involuntary Lien

Riparian Rights-Navigable waterway

Land adjoining navigable rivers is owned only to the banks of the river.

Issue

Lineal descendants, i.e., children, grandchildren, etc.

Which of the following is NOT an example of an involuntary lien...? Attorney's Lien Tax Lien Mortgage Lien Mechanic's Lien

Mortgage Lien

Fee Simple Absolute (Modern Law)

No longer required to use the common law language. The grantee must be entitled to immediate possession of infinite duration.

Littoral Rights

Owners of land borders oceans and large navigable lakes that have a tide.Owners have unrestricted use of navigable waters but own the land adjacent to the water only up to the mean high-water mark

The intent and right of a person to occupy and/or exercise control over a particular plot of land is known as what...? Non-possessory Servient Tenement Dominant Tenement Possessory

Possessory

The right to pass over another's land pursuant to an easement or license is known as what...? Right-of-Way Encroachment Possessory Easement

Right-of-Way

What is issued and recorded in the public record after a lien is paid in full...? Satisfaction of Judgment Termination of Judgement Termination Certificate Completion of Judgement

Satisfaction of Judgment

A mortgage is an example of what type of lien...? Tax Lien Involuntary Lien Specific Lien General Lien

Specific Lien

Which of the following is NOT considered an appurtenance...? Barn Right-of-way Dwelling Stove

Stove

Michael has not paid State taxes in over 4 years. What type of lien may be placed on Michael's property for unpaid taxes...? Debt Lien Mechanic's Lien Voluntary Lien Tax Lien

Tax Lien

What type of lien takes priority over all other liens...? Tax Lien Mortgage Lien Specific Lien Mechanic's Lien

Tax Lien

Fee Simple Absolute (Common Law)

The grantor conveys the property "to B and her heirs." In common law, the failure to use this language resulted in the creation of a life estate.

Fee Simple Absolute

The greatest estate one can have in real property; freely alienable, devisable, descendible, and of indefinite duration. The right to possess now, and until the end of time.

In Texas, for which claim may a residence NOT be subject to forced sale?

The owner is six months behind on car payments.

Future Interest

The party who holds the right to take actual possession of the property in the future when a prior possessory estate ends.

Foreshore

The strip of land between high and low tide lines

Heirs

Those entitled to inherit the property of an intestate decedent. No one is heir to the living; the living has heirs apparent.

Fee Simple Absolute Policy

Under the utilitarian theory, one goal of the property system is to make title marketable.

A contractual or consensual lien that is created by the owner is known as what...? Voluntary Lien General Lien Involuntary Lien Specific Lien

Voluntary Lien

A purchaser of real estate learns that his owner-ship rights could continue forever and that no other person claims to be the owner or has any ownership control over the property. This person owns a) fee simple interest. b) life estate. c) determinable fee. d) fee simple on condition.

a

Betsy is the owner of Blueacre. During her life-time, Betsy conveys a life estate in Blueacre to Chuck. Under the terms of the grant, Chuck's life estate will terminate when Betsy's uncle dies and Betsy will regain the property. However, Chuck dies shortly after moving to Blueacre, while Betsy's uncle is still alive. Chuck's will states, "I leave everything to Donna." Which of the following best describes the interests that the parties now hold? a) Chuck possessed a life estate pur autre vie, measured by the life of Betsy's uncle. Donna has the same interest as Chuck had. Donna's interest in Blueacre will end when Betsy's uncle dies. Betsy has a reversionary interest in Blueacre. b) Chuck possessed a life estate pur autre vie, measured by the life of Betsy's uncle. Donna is the remainderman and holds a nonpossessory estate until Betsy's uncle dies. When Betsy's uncle dies, Blueacre will escheat to the state. c) Chuck possessed a determinable life estate in Blueacre. Betsy's uncle is the measuring life. When Chuck died, Chuck's interest passed directly to Donna. When Betsy's uncle dies, Betsy may regain ownership of Blueacre only by suing Donna. d) Betsy has a remainder interest in the conventional life estate granted to Chuck. Because the grant was to Chuck alone, the estate may not pass to Donna. When Chuck died before Betsy's uncle, the estate automatically ended and Betsy now owns Blueacre in fee simple.

a

Which of the following is not a legal life estate? a) Leasehold b) Curtesy c) Homestead d) Dower

a

Which of the following is not an example of governmental power? a) dedication. b) police power. c) eminent domain. d) taxation.

a

Which of the following statements about encumbrances on real estate is true? a) Easements and encroachments are always encumbrances on the land that is subject to them. b) The presence of an encumbrance makes it impossible to sell the encumbered property. c) All encumbrances must be removed before the title can be transferred. d) An encumbrance is of no monetary value to its owner.

a

Possessory Estate

a person that has the present right to occupy the property

A father conveys ownership of his residence to his son but reserves for himself a life estate in the residence. The interest the son owns during the father's lifetime is

a remainder

The person who transfers property by a grant deed is the: a.) grantor b.) grantee c.) trustee d.) vendor

a.) grantor

The property owner who has given another party the option to purchase their property at a later date is the: a.) optionor b.) optionee c.) vendor d.) vendee

a.) optionor

One who borrows money secured by a note and trust deed from a lender is the: a.) trustor b.) trustee c.) mortgagee d.) beneficiary

a.) trustor

A father conveys ownership of his residence to his daughter but reserves for himself a life estate in the residence. The interest the daughter owns during her father's lifetime is a) pur autre vie. b) a remainder. c) a reversion. d) a leasehold.

b

A property owner who has the legal right to cross over a neighbor's land holds a(n): a) estate in land. b) easement. c) police power. d) encroachment.

b

Because a homeowner failed to pay her real estate taxes on time, the taxing authority imposed a claim against her property. This claim is known as a(n) a) deed restriction. b) lien. c) easement. d) reversionary interest.

b

Kevin has fenced his property. By mistake, the fence extends one foot over Kevin's lot line onto a neighbor's property. The fence is an example of a(n) a) license. b) encroachment. c) easement by necessity. d) easement by prescription.

b

Property deeded to a town "for recreational purposes only" conveys a a) fee simple absolute. b) conditional fee estate. c) leasehold interest. d) determinable fee.

b

The right of a government body to take owner-ship of real estate for public use is called a) escheat. b) eminent domain. c) condemnation. d) police power.

b

The entity that lends mortgage money to a borrower for the purpose of purchasing property is the: a.) mortgagor b.) mortgagee c.) trustee d.) vendor

b.) mortgagee

A homeowner may be allowed certain protection from judgments of creditors as a result of his state's a) littoral rights. b) curtesy rights. c) homestead rights. d) dower rights.

c

A license is an example of a(n) a) appurtenant easement. b) encroachment. c) temporary use right. d) restriction.

c

A property owner wants to use water from a river that runs through the property to irrigate a potato field. To do so, the owner is required by state law to submit an application to the Department of Water Resources describing in detail the beneficial use he plans for the water. If the department approves the owner's application, it will issue a permit allowing a limited amount of river water to be diverted onto the property. Based on these facts, it can be assumed that this property owner's state relies on which of the following rules of law? a) Common-law riparian rights b) Common-law littoral rights c) Doctrine of prior appropriation d) Doctrine of highest and best use

c

Joan owned the fee simple title to a vacant lot adjacent to a hospital and was persuaded to make a gift of the lot. She wanted to have some control over its use, so her attorney prepared her deed to convey ownership of the lot to the hospital "so long as it is used for hospital purposes." After completion of the gift the hospital will own a a) fee simple absolute estate. b) license. c) fee simple determinable. d) leasehold estate.

c

The holder of a note secured by a trust deed and entitled to the performance of the provisions in the trust deed is the: a.) mortgagor b.) trustee c.) beneficiary d.) trustor

c.) beneficiary

The tenant who rents an apartment under a month-to-month rental agreement is the: a.) trustee b.) vendee c.) lessee d.) lessor

c.) lessee

The owner of a rental property is the: a.) vendor b.) lender c.) lessor d.) lessee

c.) lessor

The borrower of mortgage funds is the: a.) trustee b.) beneficiary c.) mortgagor d.) mortgagee

c.) mortgagor

The person who holds an option to purchase property is the: a.) trustor b.) optionor c.) optionee d.) beneficiary

c.) optionee

The buyer under a land sales contract is the: a.) vendor b.) beneficiary c.) vendee d.) trustee

c.) vendee

A tenant who rents an apartment from the owner of the property holds a(n) a) easement. b) license. c) freehold interest. d) leasehold interest.

d

After Dan had purchased his house and moved in, he discovered that his neighbor regularly used Dan's driveway to reach a garage located on the neighbor's property. Dan's attorney explained that ownership of the neighbor's real estate includes an easement over the driveway. Dan's property is properly called a) the dominant tenement. b) a freehold. c) a leasehold. d) the servient tenement.

d

If the owner of real estate does not take action against a trespasser before the statutory period has passed, the trespasser may acquire the legal authority to continue using the property through a) an easement by necessity. b) a license. c) title by eminent domain. d) an easement by prescription.

d

Katie has permission from Todd to hike on his property during the autumn months. Katie has a) an easement by necessity. b) an easement by condemnation. c) riparian rights. d) a license.

d

Wally owns a home in a state that recognizes a limited homestead exemption. Which of thefollowing statements is true if Wally is sued by his creditors? a) The creditors can have the court sell Wally's home and apply the full proceeds of sale to the debts. b) The creditors have no right to have Wally's home sold. c) The creditors can force Wally to sell the home to pay them. d) The creditors can request a court sale and apply the sale proceeds, in excess of the statutory exemption and secured debts, to Wally's unsecured debts.

d

A party to a note and trust deed with the authority to sell the property on instructions from the beneficiary is the: a.) lender b.) borrower c.) court appointee d.) None of the above

d.) None of the above

The recipient of title to a property by deed is the: a.) vendee b.) lessee c.) optionee d.) grantee

d.) grantee

The seller under a land sales contract sale is the: a.) grantor b.) grantee c.) beneficiary d.) vendor

d.) vendor

Janet owned a fee simple title to a vacant lot adjacent to a hospital and was persuaded to make a gift of the lot to the hospital. She wanted to have some control over its use, so her attorney prepared her deed to convey ownership of the lot to the hospital "so long as it is used for hospital purposes." After completion of the gift, the hospital will own a

determinable fee estate

If the owner of real estate in Texas doesn't take action to force removal of an encroachment before ten years have passed, then the encroachment may continue through

easement by prescription

The right of a government body to take ownership of real estate for public use is called

eminent domain

Randy has constructed a fence that extends one foot over his lot line onto the property of a neighbor. The fence is an example of a(n)

encroachment

Passage of title of real property to the State of Texas in the absence of heirs is called

escheat

A purchaser of real estate learned that his ownership rights will continue forever and that no other person claims to be the owner or has any ownership control over the property. This person own a

fee simple interest

If a grantor must go to court to assert the right of reentry to a property after a condition in the deed has been violated, the estate is a

fee simple subject to a condition

Ancestors

grandparents and great-grandparents, etc.

A Texas homeowner may be allowed certain protection from judgments of creditors as a result of the state

homestead laws

Kenneth has permission from Antonio to hike on Antonio's land during the autumn months. Kenneth has a(n)

license

Encumbrances on real estate

may include liens, easements, and deed restrictions.

Under riparian rights, Bert, owner of land located along the course of a nonnavigable stream.

may own the land under the water to the exact center of the waterway.

Peter's driveway is regularly used by his neighbor to reach a garage located on the neighbor's property. Title to the neighbor's real estate includes an easement appurtenant the gives him the driveway right. Peter's property is called the

servient tenement

Fee Simple Conditional

the grantor conveys title to property "on the condition that," stipulating in the deed that the property may never be used in a specific way (right of reentry) (condition subsequent)

When a homeowner who is entitled by Texas law to a homestead exemption is sued by creditors, the general creditors

usually have no right to have the debtor's home sold.