Texas Law of Contracts - Chp. 4 Ownership Rights and Limitations

Police Power

The right of any political body to enact laws and enforce them, for the order, safety, health, morals and general welfare of the public

Eminent Domain

Eminent Domain - A right of the government to acquire property for necessary public use by condemnation; the owner must be fairly compensated.

Condemnation

Taking private property for public use, with fair compensation to the owner; exercising the right of eminent domain.

Escheat

The reversion of the State of property in event the owner thereof abandons it or dies, without leaving a will and has no distributes to whom the property may pass by lawful descent.

Taxation

A charge on real estate to raise funds to meet public needs.

Administrator

A person appointed by the probate court to administer the estate of a deceased person who died intestate

Police power

The right of any political body to enact laws and enforce them, for the order, safety, health, morals and general welfare of the public is known as...?

Police power

Escheat

Eminent domain

Taxation

Eminent domain

A right of the government to acquire property for necessary public use by condemnation is known as...?

Police power

Escheat

Eminent domain

Taxation

Condemnation

Taking private property for public use, with fair compensation to the owner is known as...?

Police power

Escheat

Taxation

Condemnation

Taxation

A charge on real estate to raise funds to meet public needs is known as...?

Administration

Eminent domain

Taxation

Condemnation

PETE

Police Power, Eminent Domain, Taxation, Escheat

Freehold Estate

An estate of indeterminable duration, e.g., fee simple or life estate.

Fee Simple Estate

Absolute ownership of real property; a person has this type of estate where the person is entitled to the entire property with unconditional power of disposition during the person's life and descending to the person's heirs or distributees. (type of Free Hold Estate)

Fee Simple Absolute

An inheritable estate in land providing the greatest interest of any form of title. (type of Free Hold Estate)

Fee Simple Determinable

An estate that will end automatically when the stated event or condition occurs. The interest will revert to the grantor or the heirs of the grantor. (type of Free Hold Estate)

Remainderman

A person who inherits or is entitled to inherit property upon the termination of the estate of the former owner.

Life Estate

A freehold estate created for the duration of the life or lives of certain named persons; a non-inheritable estate.

Life Tenant

The owner of a life estate.

Estate in Reversion

Property or estate ownership that reverts back to the grantor after a temporary ownership period.

Estate in Remainder

An estate which vests after the termination of the prior estate.

Reversionary Interest

The interest which a person has in lands or other property, upon the termination of the preceding estate. A future interest.

Dower

A wife's interest in her husband's real property.

Curtsey

A husband's interest in the real property of his wife.

Freehold estate

An estate of indeterminable duration is referred to as a/an...?

Freehold estate

Leasehold estate

Binding estate

Absolute estate

Fee simple estate

Absolute ownership of real property is known as a/an...?

Absolute estate

Leasehold estate

Fee simple estate

Free estate

Fee simple absolute

An inheritable estate in land providing the greatest interest of any form of title is known as...?

Fee simple absolute

Fee simple determinable

Life estate

Leasehold

Fee simple determinable

An estate that will end automatically when the stated event or condition occurs is referred to as a...?

Fee simple absolute

Fee simple determinable

Leasehold

Reversionary

Remainderman

A person who inherits or is entitled to inherit property upon the termination of the estate of the former owner is known as a...?

Remainderman

Grantee

Tenant

Reversionman

Homestead

A legal life estate in land that is owned and occupied as a family home.

Homestead

A legal life estate in land that is owned and occupied as a family home is known as a...?

Fee simple absolute

Homestead

Leasehold

Primary residence

A mortgage lender

Which of the following can force a judgment against an owner's property, even if the owner is protected as a homestead...?

A credit card company

A student loan company

A mortgage lender

A company that offers lines of credit

Encumbrance -

A claim, charge, or liability that attaches to, and is binding on real estate.

Lien

A claim against a property that provides security for the repayment of a debt or an obligation of the property owner. A monetary encumbrance

Voluntary Lien

Any lien placed on property with consent of, or as a result of, the voluntary act of the owner

Involuntary Lien

A lien imposed against property without consent of an owner (ex: taxes, special assessments, federal income tax liens, etc..)

Mechanic's Lien

A specific lien that gives security to persons or companies who perform labor or furnish material to improve real property.

Tax Lien

An encumbrance against a property filed by the taxing jurisdiction for delinquency in paying real property taxes.

Covenants, Conditions, and Restrictions (CC&Rs)

The basic rules establishing the rights and obligations of owners of real property within a subdivision or other tract of land in relation to other owners within the same subdivision or tract and in relation to an association of owners organized for the purpose of operating and maintaining property commonly owned by the individual owners.

Easement

A right acquired by one party to use the land of another party for a special purpose

Easement in Gross

A right of use in the land of another without the requirement that the holder of the right own adjoining land (ex. Utility Company)

Easement by Necessity

Exists when a landowner has no access to roads and is landlocked.

Easement by Prescription

Obtained by use of the land of another for the legally prescribed length of time. (10+ years - same as squatters rights)

Servient Tenement

Land encumbered by an easement.

Dominant Tenement

Land benefiting from an easement appurtenant.

Encroachment

An unlawful intrusion onto another's adjacent property by improvements to real property; e.g. a swimming pool built across a property line.

Encumbrance

A claim, charge, or liability that attaches to, and is binding on real estate is referred to as a/an...?

Encumbrance

Homestead

CC&R

Encroachment

Lien

A claim against a property that provides security for the repayment of a debt or an obligation of the property owner is known as a/an...?

Easement

Lien

Encroachment

Homestead

Voluntary lien

Any lien placed on property with consent of, or as a result of, the voluntary act of the owner is referred to as a/an...?

Involuntary lien

Homestead

Voluntary lien

Encroachment

Involuntary lien

A lien imposed against property without consent of an owner is referred to as a/an...?

Easement

Involuntary lien

Voluntary lien

Encroachment

Mechanic's lien

A specific lien that gives security to persons or companies who perform labor or furnish material to improve real property is known as a...?

Tax lien

Judgment lien

Voluntary lien

Mechanic's lien

Tax lien

An encumbrance against a property filed by the taxing jurisdiction for delinquency in paying real property taxes is known as a...?

Mechanic's lien

Tax lien

Judgment lien

Voluntary lien

Riparian Rights

The rights of a landowner or land occupier to use flowing water (such as a river) that is adjacent to the land.

Littoral Rights

The right of a property owner whose land borders on a body of water, such as a lake, ocean or sea, to reasonable use and enjoyment of the shore and water the property borders on

Erosion

The eating away of a coastline or land by the action of water, ice, and/or wind, or wearing away of a surface by corrosion or traffic.

Accretion

The increasing in land area resulting from the deposit of soil by the natural action of the water.

Avulsion

A sudden and perceptible loss of land by the action of water as by a sudden change in the course of a river.

Doctrine of Prior Appropriation

provides that water use, aside from the limited domestic use, is controlled by the state rather than the landlord adjacent to the water. Basically first come first serve to use it beneficially

Mineral Rights

The landowner's ability to take minerals from the earth or to sell or lease this right to others (subsurface rights)

Asbestos

A fibrous mineral found in many building materials that when improperly disturbed, can cause serious lung diseases.

Friable

Friable - A quality of some asbestos that causes it to crumble, allowing toxic particles to escape into the air and lodge in people's lungs

1978

A lead-based paint disclosure is required for all buildings built prior to...?

1964

1978

1988

2001

Asbestos

A fibrous mineral found in many building materials that when improperly disturbed, can cause serious lung diseases is known as...?

Lead

Radon

Asbestos

Insulation

BLiens

CEasements

DEncumbrance

Which of the following may impact an owner's interest in a property...?

AAll of the above

BLiens

CEasements

DEncumbrance

A. PETE

Which of the following acronyms can be used to describe the powers the government possesses over real property...?

APETE

BPITI

CSADDLE

DRESPA

Leasehold estates

There are two primary types of estate in land, freehold estates and...?

ALeasehold estates

BTrust estates

CAbsolute estates

DTemporary estates

A Easement

A right acquired by one party to use the land of another party for a special purpose is referred to as a/an...?

AEasement

BLien

CEncroachment

DHomestead

A Easement by necessity

This type of easement exists when a landowner has no access to roads and is landlocked...?

AEasement by necessity

BEasement in gross

CEasement by prescription

DDominant easement