Property Ownership & Rights Flashcards

Adverse possession requires continuous, open, hostile possession for a statutory period in order to:

Answer: Acquire title to another's land

Adverse possession allows a party to claim legal title after meeting statutory requirements of open, notorious, hostile, and continuous use.

Which type of deed offers the highest level of protection to a buyer?

Answer: General warranty deed

A general warranty deed provides the most protection by guaranteeing the title against all defects, even those arising before the grantor owned the property.

Eminent domain allows the government to:

Answer: Take private property for public use with just compensation

Eminent domain is the government's constitutional authority to acquire private property for public use, provided just compensation is paid.

Police power in real estate refers to the government's right to:

Answer: Regulate land use through zoning and building codes

Police power is the state's authority to enact laws promoting public health, safety, and welfare, including zoning, building codes, and environmental regulations.

In a joint tenancy, when one co-owner dies, their share:

Answer: Automatically transfers to the surviving co-owners

The right of survivorship in joint tenancy means the deceased owner's interest passes automatically to the surviving joint tenants, bypassing probate.

What distinguishes real property from personal property?

Answer: Real property includes land and permanently attached improvements

Real property consists of land and anything permanently attached to it, while personal property (personalty) is movable and not attached to land.