An undivided share of the whole, plus "survivorship" rights (restricts inheritance to heirs of the last
surviving owner)• Not available in every state - joint tenancy
-Mortgage-Leases-Mechanics Liens-Private Deed Restrictions. are all known as - title
encumbrances
-Name grantor and grantee
-...
Real Estate 306 Exam 1
An undivided share of the whole, plus "survivorship" rights (restricts inheritance to heirs of the last
surviving owner)• Not available in every state - joint tenancy
-Mortgage-Leases-Mechanics Liens-Private Deed Restrictions. are all known as - title
encumbrances
-Name grantor and grantee
-Dated and signed
-Consideration
-Words of conveyance
-Delivery
-Receipt of delivery - requirements of a deed
-Pay for specific improvements
- a new alley, new utilities to the home, new sidewalks, etc.
-Can be a lump sum or added to tax bill - special assessment
-"Bulk" or density limits (minimum lot size, height limits, maximum floor area ratios)
-Special use districts: Service stations, hospitals, churches, private schools, cemeteries - traditional
zoning
•Basic reference points-Baseline-Principal meridian•Measures of distance-Range lines-Tier lines
(sometimes called township lines) - Government rectangular survey
•Inverse condemnation
, •Lucas purchased two coastal lots for half million
•Planned to develop
•Properties were under water for several years
•S.C. Coastal Commission regulates development to baseline
•Lucas sue SCCC
•Ruled on taking and just compensation for coastal lots - lucas v. south carolina coastal comission
•Inverse condemnation•Had a retreat for disabled children in the L.A. National Forest
•Adjacent hillside strip forested
•What followed were multiple floods
•Placed property in a flood plain
•Ruled a compensable full taking - first evangelical v. los angeles county
•Murr family purchases adjacent lot
•Shoreline conservation limits development
Murr wants to develop second parcel, denied
•Supreme Court rules only partial taking, not compensable - Murr v. Wisconsin
•Subdivision survey map in public records identifies lot by block and lot number
•Lot and block number sufficient to describe parcel.
Dominant form of urban land description - subdivision plat lot and block number
a clause in a deed or lease that defines the type of interest and rights to be enjoyed by the grantee -
habendum clause
A contract for conveying a permanent interest in real property (fee simple, life estate, etc) - deed
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