Exam 22: Real Property and Land-Use Control

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Inverse condemnation occurs when an owner simply gives private property to the government without accepting any compensation.

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Lamar owns a field behind Megan's house and property.The only access to the field is Megan's driveway, which Lamar uses to get to his field.If Lamar sells the field, can the buyer use the right-of-way across Megan's property?

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Yes.The right-of-way in this problem is an easement appurtenant.?An easement appurtenant arises when the owner of one piece of land has the right to go onto an adjacent piece of land owned by another.Because an easement appurtenant is intended to benefit the land, it runs with the land when the land is conveyed (transferred) to another.In other words, when a parcel of land that is benefited by an easement appurtenant (the dominant estate) is sold, the property carries the easement with it.The new owner can use the easement over the burdened property (the servient estate) just as the old owner did.?That is what occurred in this problem.

With respect to Italo's bottomland, Jacob has an easement, Kristin has a profit, and Leopold has a license.A right to possess the bottomland is owned by

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When a property owner wants to use his or her land in a manner not permitted by zoning rules, he or she should request a special-use permit.

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Quik Development Corporation wants to convert farmland on the out-skirts of River City into residential and commercial property.The state restricts the conversion of farmland by subjecting development plans to the approval of State Development Agency.This is an exercise of the state's

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To acquire the ownership of Bart's mountain cabin by adverse possession, Cody must occupy the cabin exclusively, continuously, and peaceably for a specified period of time

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Bay City wants to acquire undeveloped land within the city limits to convert into a public park.Bay City brings a judicial proceeding to obtain title to the land and pay the owner just compensation.This is an exercise of

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Lloyd and Merilyn are married and own a farm in Nebraska in such a way that neither may transfer separately his or her interest during his or her lifetime.Lloyd and Merilyn own the farm as

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The mere possession of land without right is called a tenancy at will.

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If property is owned as community property, the members of the community hold interest in it in common.

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A tenancy by the entirety is created by a conveyance of all of a parcel of real property to a single tenant

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For a party to take by adverse possession, the party's possession must be peaceable, and not hostile or adverse.

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Car Wash Company has a right to direct its customers to drive their vehicles across Don's Gas n' Shop property, which is adjacent to Car Wash's facility.This right is

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Dian and Elton buy a duplex in Fargo, North Dakota.On the death of either owner, that owner's interest in the duplex passes to his or her heirs.This is

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Like a contract, a deed must be supported by legally sufficient consideration.

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The sale of real estate involves a transfer of ownership with no specific warranties-if there are warranties, the transfer is not a sale.

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A fixed-term tenancy is created when property is leased for a specified period of time.

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Roderick possesses five hundred acres of forested property.Roderick has the right to use the land, including cutting its timber, for life.Roderick also has the right to lease the land for a period not to exceed his life.This ownership interest is

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A special warranty deed warrants that there were no defects of title when the property was held by the previous owners.

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Community property it is created when a real property owner or lessor agrees to convey the right to possess and use the property to a lessee (tenant) for a certain period of time.

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