revised 7-30-08 chapter 7 slide 1 copyright – david a. mcgowan all rights reserved chapter 7...

Revised 7-30-08Chapter 7

Slide 1Copyright – David A. McGowan

All rights reserved

Chapter 7 INTERESTS IN REAL ESTATE

Freehold EstateIndeterminable length of time

Fee Simple“Run forever”

Life EstateDuration of a life



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FEE SIMPLE ESTATES

Special LimitationMust Perform

(Page 109)

Fee Simple Absolute

Most complete form of ownership available

(Page 108)

Fee SimpleDefeasible

Ownership based upon a condition

(Page 109)

Condition SubsequentMust NEVER

Perform (Page 109)



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LIFE ESTATES

Conventional

Statutory



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LIFE ESTATES

Conventional (Page 110)

Ownership based upon a life

Ordinary Pur Autre Vie

Reversionary

Remainder



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LEGAL LIFE ESTATE (STATUTORY)

Dower (Page 113)

Wife’s future interest in husband’s estate

Curtesy (Page 113)

Husband’s future interest in wife’s estate



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LEGAL LIFE ESTATE (STATUTORY)

Homestead (Page 113)

Protection from creditors

Everyone qualifies

Available on principle residences only

Individual - $15,000Married couple - $30,000



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ENCUMBRANCES

A claim, charge or liability that attaches to real estate

Liens (Chapter 10 Page 175)

Deed Restrictions (Page 115)

Easement (Page 115)

License – Personal privilege (Page

119)

Encroachments (Page 119)



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EASEMENT

Right to use the land of another

Store Work

A

E

DCB

CliffPu

blic

S

treet

Pu

blic

S

treet

Public Street



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EASEMENT APPURTENANT (Page

115)

Recorded against titleRuns with the land All subsequent owners are subject to its existence

Servient TenementMust service the needs of the Dominant

Dominant TenementRight to use must overshadow the rights of the land owner

Revised 7-30-08Chapter 7Slide 10

Copyright – David A. McGowanAll rights reserved

EASEMENT BY PRECRIPTIONUse of the land of another for a

prescribed period of time

Public Street A

Public

Str

eet

B

Public Street C

Public School



ENCUMBRANCE TERMS

Easement by NecessityEasement required when a parcel lacks public access

Easement in GrossAn individual interest in or right to use the land of another – not assignable



TERMINATING AN EASEMENT

Purpose no longer exists

Owner of either the dominant or servient acquires the other and merges the parcels

Release of the easement by the dominant tenement



TERMINATING AN EASEMENT

Nonuse

Adverse possession

Lawsuit



ENCROACHMENT (Page 119)

A B

Physical intrusion of your real estate into the real estate of

another



ENCROACHMENT (Page 119)

A B

6 ft.



GOVERNMENTAL POWERS (Pages 120

& 121)

Police Powers (Chapters 20 & 22)

Obligation of the government to protect your health, welfare and safety

Eminent DomainRight of the government to take private property for public good



GOVERNMENTAL POWERS (Pages 120

& 121)

Taxation (Chapter 10)

Right of the government to collect funds in support of governmental services

EscheatObligation of the government to take ownership of property left by a deceased person who has neither a will nor heirs



WATER RIGHTS (Page 122 &

123)

Riparian Rightsrights of owners of land along the course of a river, stream or similar body of water.

Navigable vs. Non-navigable

Littoral Rights rights of owners whose land borders

a waterway affected by tide



WATER RIGHTS (Page 123)

Accretionincrease in the land resulting from the deposit of soil by the water’s action

Erosionis the gradual wearing away of the land by natural forces.

Avulsionis the sudden removal of soil by an act of nature.

revised 7-30-08 chapter 7 slide 1 copyright – david a. mcgowan all rights reserved chapter 7...

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