Unit 3

Question 1

Is an individuals property rights subordinate to government rights?

Answer 1

Yes, the gov. has the power to determine land use, assess property taxes, regulate private property, and take private property for public use.

Question 2

What is police power?

Answer 2

The power that implements public controls for land use. It allows state/local government to regulate how a property owner uses the property.

Question 3

What is eminent domain?

Answer 3

The government’s power to take private property for public use.

Question 4

What is Condemnation?

Answer 4

The process that exercises the right of eminent domain.

Question 5

If property is abandoned or a person dies instate and without heirs, the property will _______ to the state

Answer 5

escheat

Question 6

What are the two types of estates?

Answer 6

1) freehold estates of ownership
2) leasehold estates of possession

Question 7

What is a fee simple absolute estate?

Answer 7

the greatest and maximum form of ownership

Question 8

What is fee simple defeasible ownership?

Answer 8

A qualified fee because this type of estate always has a condition that must be met.

Question 9

What is a life estate?

Answer 9

An estate measured by someone’s lifetime.

Question 10

What is an encumbrance?

Answer 10

Any right, claim, or interest in property held by someone other than the property owner or the one who has legal right of possession.

Question 11

What is an easement?

Answer 11

A right of use created by express contract, necessity, or prescription. Non-revocable.

Question 12

What are deed restrictions?

Answer 12

Privately created limitations on land use, applied to present and future owners.

Question 13

What is an encroachment?

Answer 13

An unauthorized use of someone else’s property, typically a physical object intruding onto neighboring property.

Question 14

What reveals an encroachment?

Answer 14

A survey usually

Question 15

What is a license?

Answer 15

Similar to an easement, it grants permission to enter another’s property for a specific purpose. A license can be revoked at any time.