CH 4 - encumbrances Flashcards

CH 4 - encumbrances Flashcards Competent grantorIn California, a grantor is legally competent if she is at least 18 years old and of sound mind.A patent is a:Select your answer below:A.deedB.promissory noteC.security instrumentD.grant by a sovereignAnswer is D grant by sovereignA patent is an instrument by which a sovereign entity (a government) conveys property from its own control to an individual.A patent transfers real property from government ownership to private ownership.accretionWhen waterborne silt is gradually deposited on the shore, it's called accretion. The landowner acquires title to the newly deposited soil.reclitionWhen a body of water recedes slowly, exposing land that's been underwater, it's called reliction. The adjoining landowner acquires title to the newly exposed land All of the following are requirements for the creation of an

easement by prescription, except:Select your answer

below:A.an open and notorious use that is continued and

uninterrupted for five yearsB.possession under some claim of right or color of titleC.a disagreement with the ownerD.a use which is hostile or adverse to the true owner's title C.a disagreement with the ownerPrescriptive use must be hostile, but that doesn't mean it must involve a confrontation with the owner. It only has to be without the owner's permission.Words of ConveyanceThe words of conveyance state that the grantor is transferring the property to the grantee.The words of conveyance are also called the granting clause.Express GrantTo create an easement against her property for the benefit of someone else, a property owner must put the grant of easement in writing.The grantee should have the deed or other document recorded.EscheatWhen someone dies without a will and without heirs, his property reverts to the state. This is called escheat.Easement Failure of PurposeAn easement is a right to use another's property for a particular purpose, and if that purpose no longer exists, neither does the easement.Here's an example.A railroad had a 50-foot easement across part of Larry's property.Train service to that area has been permanently discontinued, and the tracks have been torn up.The purpose of the easement no longer exists, so the easement is terminated. It's no longer an encumbrance on Larry's title.Easement by Implicationeasement not specifically created by deed that arises from the circumstances of the parties and the land location and access

GranteeThe person the owner is transferring the property to is called thegrantee.condemnationEminent domain is the government's power to take private property for a public use. Condemnation is the legal procedure used to force an unwilling property owner to sell.The government must pay just compensation to the owner.A railway easement was established for a railway line to serve a coal mine. Many years later, the coal mine closes permanently and the railway line is no longer needed. The easement is terminated by this method.Failure of purpose - When an easement was established for a specific purpose and that purpose ends, the easement terminates by failure of purpose.heirsThose who are entitled to property through intestate succession are calledheirs.Dedicationis the transfer of real estate from private ownership to public ownership, without payment to the private owner. As we'll discuss shortly, in some cases dedication is involuntary. It can, however, be a voluntary gift to the public.For instance, a philanthropist might donate land to the city or county for a park.Dedicationis the transfer of real estate from private ownership to public ownership, without payment to the private owner. As we'll discuss shortly, in some cases dedication is involuntary. It can, however, be a voluntary gift to the public.For instance, a philanthropist might donate land to the city or county for a park.is the transfer of real estate from private ownership to public ownership, without payment to the private owner. As we'll discuss shortly, in some cases dedication is involuntary. It can, however, be a voluntary gift to the public.For instance, a philanthropist might donate land to the city or county for a park.Conveyance (Deed)The transfer of real property from the grantor to the grantee by means of a deed is referred to as aconveyance.property descriptionThe property description in a deed is generally considered adequate if it would enable a surveyor to locate the property.AvulsionAvulsion occurs when land is violently torn away by flowing water, or when there is a sudden change in a watercourse.DedicationAn easement is created by dedication if a private owner donates easement rights to the government.Long-term public use can result in implied dedication.Probate CourtProbate is the legal procedure for establishing the validity of a will and distributing property according to the terms of the will.Bruce quitclaims his rights to ingress and egress across the servient tenement to the servient tenant, terminating the easement by this method.release - A dominant tenant can release his easement rights by quitclaiming his interest to the servient tenant.habendum clauseThe habendum clause in a deed defines or limits the type of estate that is being transferred to the grantee.If there is no habendum clause, the deed is presumed to convey a fee simple absolute.Quitclaim DeedA quitclaim deed offers no warranties, conveys no after-acquired title, and creates no liability for the grantor. It

is typically used to clear away clouds on title.

grantee must be aliveIt isn't necessary for the grantee to be legally competent, but the grantee must be alive at the time of the conveyance.A valid deed requires a living grantee. If the grantee is fictitious (i.e., nonexistent) or dead, the deed does not transfer title.condemnationWhen the government needs a particular piece of private property for a public purpose (a highway or a public school, for example), it has the constitutional power to force the private owner to sell it.This is carried out by the legal process known ascondemnation.Color of TitleA person who claims title to property based on a defective deed or other document is said to have color of title.Statue of FraudsSince an easement is an interest in property, the grant of an easement must be in writing and signed by the grantor.This is a requirement of the law known as thestatute of frauds.A document creating an easement usually must fulfill the same requirements as a deed.However, the document does not have to specify the exact location of the easement.A grant of an easement "across Lot A for purposes of ingress and egress" is valid.

A deed to an unlocated easement is:Select your answer

below:A.void for lack of

certaintyB.validC.voidableD.unenforceable

• Valid

Easement by PrescriptionCreated through continual use over a certain period of time.It must be continual, visible, & w/o approval. Example - a private road becomes public.TackingSuccessive periods of possession by a series of adverse possessors can be added up to fulfill the five-year requirement. This is known as tacking.Reference to a recorded platA purchaser of subdivided property receives easements to use all roads and alleys shown on the plat recorded by the subdivider An easement that is created by long, continuous use of another's land without the owner's permission is created by this method.An easement may be created by prescription when property belonging to another is used openly and without the owner's permission for the period prescribed by statute.Servient TenementLand on which an easement exists in favor of an adjacent property (called dominant estate); also called a servient estate.FloreclosureIn a foreclosure, a creditor with a lien against property asks the court to have the property sold. The lien will be paid off out of the foreclosure sale proceeds.

AcquisitionAlienation is most nearly the opposite of:

A private landowner grants an easement to the public to use a portion of his property by this method.Incorrect.An easement is created by dedication when a private landowner grants an easement to the public.