Property Rights and Legal Concepts Flashcards

Eminent domain is the government's power to:

Answer: Take private property for public use with just compensation

Eminent domain allows the government to take private property for public use, but the Fifth Amendment requires just compensation be paid.

A deed restriction that limits how land may be used is called a:

Answer: Restrictive covenant

Restrictive covenants are private limitations recorded in deeds or plats that restrict land use, often running with the land.

What distinguishes real property from personal property?

Answer: Real property is permanently attached to land; personal property is movable

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

An encroachment occurs when:

Answer: A structure or improvement extends beyond a property's legal boundary

An encroachment is an unauthorized physical intrusion of a structure or improvement onto an adjacent owner's land.

Which legal concept requires courts to honor a property owner's intent when interpreting deed language?

Answer: Doctrine of constructive notice

Constructive notice holds that recorded documents provide legal notice to all parties, and courts interpret recorded deed language to reflect the grantor's intent.

A leasehold estate gives the tenant the right of:

Answer: Possession and use for a defined period

A leasehold estate grants the tenant a temporary right of possession and use for the lease term, while the landlord retains the leased fee interest.