Study (Principles 1) Interests in Real Estate Part Two Flash Cards

 
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(Principles 1) Interests in Real Estate Part Two

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Tacking requires that the parties using the property be successors in interest T/F?
T
Owners with littoral rights own the land
To the mean vegetation lines
A father sells a lakeside property to his daughter. He puts an easement in the deed that gives him the right to enter the property to fish. This is an easement by
Express Reservation
The granting party may terminate which at any time?
License
Personal easements in gross do NOT terminate upon the death of the easement owner T/F?
F
If Bill and John own adjacent properties, and Bill grants John an easement to cross Bill's land to reach a main road, John's property is the
Dominant tenement
In a party wall situation, expenses to build or maintain the wall are usually
Shared by the parties
Encroachment is a form of
Encumbrance
Easements to utility companies to maintain pipelines, phone lines, or power lines are called
Commercial easements in gross
The two types of encumbrances are those that affect the use of the property and those that affect which of the following?
Title
Under the rule of capture regarding groundwater rights, the landowner may pump
As much groundwater as the landowner chooses
Easements give the holder the right to use the land, but NOT possess it T/F?
T
A person selling easements or right-of-ways for others is required to have a real estate license or registration T/F?
T
One condition for an easement by necessity is that
Both parcels must at one time have been part of a single unit
Which kind of water is considered a public highway in which the public has an easement, or right, to travel?
Navigable
An owner sells part of his land that has no access to a public road EXCEPT over his remaining land. This creates an easement by
Necessity
Easements give the right to use the surface of the land or its
Airspace
To secure water rights, a person must show a beneficial use for water, such as crop irrigation, under the doctrine of
Prior Appropriation
Ownership extends to the center of the water if the water is
Nonnavigable
One condition for an appurtenant easement is that there must be at LEAST
Two parcels of land next to each other
For a prescriptive easement, a claimant is required to have what kind of use of the land?
Continuous uninteruppted
Commercial easements in gross may never be assigned or conveyed by easement holder T/F?
F
Which transfers with the title of the property?
Appertenant Easements
Which is the sudden removal of soil by forces of nature?
Avulsion
Manufacturing company owns an easement over neighboring properties so that its trucks can pick up goods from its processing plant. If company removes its processing plant, its easement is terminated by
Abandonment
A fence that extends over the owner's boundary line onto a neighbor's property is an example of an encroachment T/F?
T
Alluvion is the term used for the results of erosion, that is, the gradual and imperceptible wearing away of the land caused by flowing water or other natural forces T/F?
F
Under certain circumstances, county commissioners have the authority to condemn easements for landlocked property owners in rural areas T/F?
T
Deed restrictions are created by government entities and affect all property T/F?
F
Under common law, riparian rights are granted to owners of land located along the course of a river or stream T/F?
T
A license differs from an easement in that it can be terminated or canceled by the licensor (the person who granted the license) T/F?
T
An encumbrance will NOT reduce a property's value but it may restrict how it can be used T/F?
F
When an owner sells part of the land that has no access to a street or public way EXCEPT over the seller's remaining land, an easement by necessity must be provided for in the contract in order to assure rights of ingress and egress T/F?
F
A lien is an encumbrance that affects the title T/F?
T
Appurtenant easement rights transfer with dominant property if they have no time limitations and if they are formally renewed by owner T/F?
F
Under prior appropriation, issuance of a water permit by the state grants a right-of-way access (an easement) across the land of another to reach the water source T/F?
F
In Texas, the rule of capture limits the amount of groundwater landowners can extract from their property T/F?
F
A license ends if it is revoked by licensor, if land is sold, if the time period for which it was issued has passed, or if one of the parties dies T/F?
T
Regarding an easement appurtenant, the tract over which the access easement runs is known as the dominant tenement and the tract that is to benefit from the easement is known as the servient tenement T/F?
F
Personal easements in gross generally can be assigned to someone else T/F?
F
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