Property Rights and Legal Concepts Flashcards
7 cards from real SAEE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Property Rights and Legal Concepts flashcards as text
A landowner grants a utility company the right to run power lines across their property. This is best described as:
Answer: An easement in gross
A utility easement benefits a company rather than an adjoining parcel, making it an easement in gross.
Which doctrine holds that a property owner who acquires title with constructive notice of a prior unrecorded interest takes subject to that interest?
Answer: Inquiry notice
Inquiry notice arises when circumstances would prompt a reasonable buyer to investigate, imputing knowledge of discoverable interests.
A deed restriction prohibits operating a business on a residential lot. A subsequent owner violates the restriction. The most appropriate remedy for neighboring lot owners is:
Answer: Injunctive relief to enforce the covenant
Equitable servitudes (deed restrictions) are typically enforced by injunction because monetary damages are often inadequate.
Under the concept of police power, a municipality may:
Answer: Regulate land use through zoning without compensation
Police power allows government to regulate property use for public welfare without compensation, as long as it does not constitute a taking.
A property owner sells the surface rights but retains the mineral rights. The retained mineral rights are an example of:
Answer: A severed mineral estate
When mineral rights are separated from surface rights, the result is a severed mineral estate, creating two distinct ownership interests.
Which type of notice is provided by the public recording of a deed?
Answer: Constructive notice
Recording a deed in the public records provides constructive notice, meaning all subsequent parties are legally presumed to know of the recorded instrument.
A tenant who remains in possession after a lease expires without landlord consent is known as a:
Answer: Holdover tenant (tenant at sufferance)
A holdover tenant (estate at sufferance) occupies property without right after a lease ends, at the landlord's option to evict or create a new tenancy.