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The right of a state to adopt and enforce laws. |
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Three Examples of Police Power |
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1. Restrictive 2. Zoning Laws 3. Building Codes |
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Zoning is a type of police power that is ___ control. |
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An exception to current zoning laws. |
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Zoning for one spot that is not consistent with surrounding zones. |
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Permitted use that was lawful at the time of creation that now does not conform to current zoning laws. |
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Eminent Domain is the ___. |
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Anything that affects the title. |
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Liens, Lis pendens, Non-possessory interests, Easements, Encroachment, Mortgages |
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The right to use the property of another |
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1. In Gross 2. Appurtenant 3. By Necessity 4. By Implication 5. By Prescription 6. By Condemnation 7. By Dedication |
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When utility companies require use of land. |
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The right to use adjoining property that transfers with the land. |
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Requires a landlocked plot of land and a court order. |
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Mutual agreement for use of land between two neighbors for one landlocked plot of land. |
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Allows use of land for a specified amount of time. |
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Paid for by the government for public use. |
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Land gifted to the government for public use. |
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Assures that the title is good and pays for defects that are not recorded. |
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1. Mortgagee (Lender) Policy 2. Owner's Policy |
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Does a deed have to be recorded? |
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Definition
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Purpose of Recording a Deed |
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Gives constructive notice. |
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Who sets standards for deed recording? |
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When is a special warranty deed is given when? |
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After the grantor acquired the title. |
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Creates the least liability for the grantor by releasing a questionable interest in a property. |
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The strongest deed with the greatest liability for the grantor. |
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Seven Covenants of a General Warranty Deed |
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1. Seisen (right to sell) 2. Against encumberances 3. Further assurance (grantor will deliver any documents needed at no cost) 4. Quiet enjoyment 5. Warranty forever |
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Open, hostile and notorious use of land |
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Term
An attorney would look for what with a title search? |
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Mortgages, easements, liens, rights-of-way, deed restricitons, encumberances, life estates |
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The chain of ownership over the years |
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A history of the tittle with a full summary. |
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Statement of opinion prepared by the attorney |
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Click here for Chapters 3 & 4 |
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Definition
Click here for Chapters 3 & 4 |
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