Unit 5: Interests in Real Estate
life estate pure autre vie
A daughter conveys the ownership of her apartment building to a nursing home, anticipating that the rental income will help pay for her father's care there. When her father dies, the daughter will recapture the ownership of the apartment building. This is an example of ___?___.
the house must be constructed to avoid the easement
A lot is encumbered by a sewer easement that runs where the foundation of a building would be. How will this affect the owner, who wants to build a house?
a future interest
A man 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 fee estate
A person wants to ensure that the ownership of real property can be willed to surviving children. Which form of ownership would the person want?
fee simple estate
A person who has complete control over a parcel of real estate is said to own a ___?___.
encroachment
A portion of person-A's building was inadvertently built on person-B's land. This is called an ___?___.
examples of easements in gross
A railroads right of way and utility rights of way are ___?___.
accretion
Acquirement of land through deposit of soil or sand washed up by water is called ___?___.
easement in gross
An ___?___ is an individual or company interest in right to use someone else's land.
estate pur autre vie
An ____?____ is classified as a life estate
written agreement
An easement is created by a ___?___ between the parties that establishes the easement right.
illegal
An encroachment is the ___?___ extension of a building or a fence that extends beyond the land of the owner.
Reliction
As the river changed course over the last few years, a property owner gained another couple of acres, since his land description read "to the high-water mark of the river." What is the term for this newly created increase in land?
easement appurtenant
Attached to the ownership of one parcel of land and allows the owner the use of a neighbor's land. For this to exist, two adjacent parcels of land must be owned by two different people.
Sudden removal of soil by an act of nature, such as an earthquake or a mudslide
Avulsion is a ___?___
The taking must be for a public purpose
For land to be taken by the government under its right of eminent domain, what must the purpose of this use of police power be?
the doctrine of prior appropriation
Many states determine water use by allocating water to users who hold recorded beneficial use permits. This type of water use privilege is called ___?___.
mean high water mark
Owners with littoral rights enjoy unrestricted use of available waters but own the land adjacent to the water only up to the ___?___.
fee simple on condition subsequent
Property deeded to a school "for educational purposes only" conveys a ___?___
for the life of another
The English translation for: Pur autre vie means ___?___.
servient tenement
The parcel over which the easement runs is known as the ___?___.
eminent domain
The right of a governmental body to take ownership of real estate for public benefit is called ___?___.
prior appropriation
Under ___?___ , water belongs to the state and allocates to users who have obtained permits for beneficial use such as crop irrigation.
State's Enabling Acts
Under what authority may municipalities and counties enact legislation to preserve order and to protect public health?
Owner dies without a will (intestate) or heirs
What conditions may cause property ownership to revert to the state?
Mean high water mark
Where is the property line generally located for PA property owners whose land borders Lake Erie?
Runs with the land
___?___ is a characteristic of an appurtenant easement.
encumbrance
___?___ is a claim, charge, or liability that attaches to real estate. It may decrease value or obstruct the use of the property.
a life estate
___?___ is a freehold estate that is limited in duration to the life of the owner or to the life of some other designated person or persons. It is NOT inheritable. It passes to future owners according the the provisions of the life estate.
erosion
___?___ is the gradual and imperceptible wearing away of the land by natural forces such as wind, rain and flowing water.
Riparian
___?___ refers to rivers, streams and similar non-navigable waterways.
license
a personal privilege to enter the land of another for specific purpose.
party wall
an exterior wall that straddle the boundary line between two lots; or a commonly shared partition wall between two connected properties.
Slow and natural removal process of soil
erosion is a ____?____.
Powers of the Government
police power, eminent domain and taxation are all ___?___.
Litoral
refers to lakes, oceans, and similar commercially navigable waterways.
