Unit 7
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Accretion
The gradual increase in land area through natural deposits of soil or sand by water action. The new land belongs to the riparian owner.
A river slowly deposits silt along a farmer's riverfront property in Illinois, gradually adding several acres through accretion.
Appurtenant Easement
An easement that benefits a specific parcel of land (dominant tenement) and runs with the land when sold. It is attached to the property, not the owner.
A driveway easement across a neighbor's land to reach a landlocked parcel is an appurtenant easement that transfers automatically with the sale of the landlocked property.
Avulsion
The sudden loss of land through natural forces such as a flood or change in a river's course. The owner generally retains title to the lost land.
A sudden flood changes the course of a river and cuts off 5 acres of a landowner's property. The owner still holds title to the avulsed land.
Condemnation
The legal process by which the government exercises eminent domain to take private property for public use, with just compensation paid to the owner.
The state condemns a strip of private land to widen a highway and pays the owner fair market value through the condemnation process.
Conventional Life Estate
A life estate created by deed or will that lasts for the lifetime of a named individual (life tenant). Upon death, the property passes to a remainderman or reverts to the grantor.
A father deeds his home to his daughter for her lifetime, with the remainder to his grandchildren. This creates a conventional life estate.
Deed Restrictions
Private limitations on land use recorded in the deed or declaration that run with the land. Also called restrictive covenants. Enforced by courts if reasonable.
A subdivision declaration prohibits fences over 4 feet tall and requires all homes to have brick exteriors. These deed restrictions are binding on all future owners.
Doctrine of Prior Appropriation
A water rights doctrine used in some western states where the first person to divert and use water from a source acquires the right to continue using that water. Illinois primarily follows riparian rights.
In a prior appropriation state, the first farmer to divert river water for irrigation gains senior water rights over later users.
Dominant Tenement
The parcel of land that benefits from an appurtenant easement. It has the right to use the servient tenement.
The landlocked parcel that has the right to use a shared driveway across the neighboring property is the dominant tenement.
Easement
A non-possessory right to use another person's land for a specific purpose. Can be appurtenant or in gross, affirmative or negative.
A utility company has an easement to run power lines across a homeowner's backyard. The homeowner cannot build structures that interfere with the easement.
Easement by Condemnation
An easement acquired by the government through eminent domain for public purposes such as utilities or access.
The city condemns an easement across private land to install a new sewer line serving the neighborhood.
Easement by Necessity
An easement created by operation of law when a parcel is landlocked and has no legal access to a public road. Requires former common ownership.
When a large parcel is subdivided and one lot has no road access, an easement by necessity is implied over the other lots to reach the public road.
Easement by Prescription
An easement acquired through continuous, open, notorious, and adverse use of another's land for the statutory period (usually 20 years in Illinois).
A neighbor has used a path across another's land openly for over 20 years without permission. They may acquire an easement by prescription.
Easement in Gross
An easement that benefits a person or entity rather than a specific parcel of land. Common for utility companies and does not run with the land.
The electric company has an easement in gross to maintain power lines across multiple properties. It belongs to the company, not to any particular dominant parcel.
Eminent Domain
The government's constitutional power to take private property for public use upon payment of just compensation. Limited by the Fifth Amendment and Illinois law.
The state uses eminent domain to acquire land for a new interstate highway, paying owners fair market value plus relocation costs.
Encroachment
An unauthorized intrusion of a structure, fence, or other improvement onto another person's property. Can lead to adverse possession claims if not addressed.
A neighbor's fence and shed extend 3 feet onto the adjacent property. This encroachment should be resolved before selling either home.
Encumbrance
Any claim, lien, easement, or restriction that affects title to real property and may impair its value or marketability.
A mortgage, mechanic's lien, easement, and deed restriction are all encumbrances that appear on a title search.
Equity in Eminent Domain Act
Illinois statute that provides additional protections and compensation procedures for property owners when the government takes property through eminent domain.
Under the Equity in Eminent Domain Act, an Illinois property owner facing condemnation has specific rights to challenge the taking and negotiate compensation.
Erosion
The gradual wearing away of land by natural forces such as water or wind. The owner loses title to the eroded land.
Years of river current erode several feet of shoreline from a lakeside property. The owner loses title to the eroded portion.
Escheat
The reversion of property to the state when an owner dies without a will and without identifiable heirs. Prevents land from becoming ownerless.
An elderly man dies without a will and no known relatives. His home escheats to the State of Illinois.
Estate in Land
The degree, nature, and extent of ownership interest a person holds in real property. Ranges from fee simple absolute to life estates and leasehold estates.
A homeowner holds fee simple absolute estate, the highest and most complete form of ownership in land.
Fee Simple Absolute
The highest and most complete form of ownership in real property. Includes all rights to possess, use, enjoy, and dispose of the land, subject only to government powers.
When a buyer receives a warranty deed to a home, they typically acquire fee simple absolute ownership.
Fee Simple Defeasible
A fee simple estate that can be terminated upon the occurrence or non-occurrence of a specified event. Also called conditional fee.
A deed grants land 'to the city for use as a public park only.' If the city stops using it as a park, the estate may terminate and revert to the grantor.
Fee Simple Determinable
A defeasible fee estate that automatically terminates and reverts to the grantor upon the occurrence of a stated condition. Created with words like 'so long as' or 'while.'
Land is deeded 'to the school district so long as it is used for educational purposes.' When the school closes, ownership automatically reverts to the original grantor.
Freehold Estate
An estate in land that is of uncertain duration and includes ownership rights. Includes fee simple estates and life estates. Distinguished from leasehold estates.
Both fee simple absolute and conventional life estates are freehold estates because they involve ownership rather than tenancy.
Future Interest
A present right to future possession and enjoyment of real property. Includes remainder interests, reversionary interests, and executory interests.
A father deeds property to his son for life, with the remainder to his granddaughter. The granddaughter holds a future interest (remainder) during the son's lifetime.
Homestead
A legal protection that shields a portion of a homeowner's equity in their primary residence from certain creditors. Illinois has a homestead exemption.
In Illinois, a homeowner can protect a statutory amount of equity in their primary residence from judgment creditors through the homestead exemption.
Leasehold Estate
An estate in land that gives the tenant (lessee) the right to possess and use the property for a specified period in exchange for rent. Created by a lease.
A tenant signs a 12-month apartment lease and acquires a leasehold estate for that term.
License
A personal, revocable privilege to use another's land for a specific purpose. Does not create an interest in the land and is not transferable.
A neighbor gives verbal permission to use their driveway temporarily. This is a license, not an easement, and can be revoked.
Lien
A legal claim against property as security for a debt or obligation. Common liens include mortgages, tax liens, mechanic's liens, and judgment liens.
A contractor files a mechanic's lien against a homeowner's property after not being paid for a kitchen remodel.
Life Estate
An estate that lasts for the duration of a specified person's life. The life tenant has the right to use and enjoy the property but cannot commit waste or convey more than their interest.
A mother deeds her home to her daughter for the mother's lifetime. The daughter is the life tenant and can live in the home but cannot sell it outright.
Life Tenant
The person who holds a life estate and has the right to possess and use the property during their lifetime or the lifetime of another (pur autre vie).
Grandfather deeds the family farm to his grandson for grandfather's lifetime. The grandson is the life tenant.
Littoral Rights
Water rights of owners whose land borders a lake or ocean. Include rights to use the water and, in some cases, rights to accreted land.
A homeowner whose backyard touches a private lake in Illinois has littoral rights to reasonable use of the water for swimming and boating.
Party Wall
A wall built on the boundary line between two adjoining properties that serves both buildings. Both owners share ownership and maintenance responsibilities.
Two townhomes share a common wall that sits directly on the property line. This party wall is jointly owned and maintained.
Police Power
The government's inherent power to regulate land use for the health, safety, morals, and general welfare of the public. Includes zoning, building codes, and environmental regulations.
A city uses its police power to enact zoning ordinances that restrict industrial development in residential neighborhoods.
Pur Autre Vie
A life estate measured by the life of someone other than the life tenant. Latin for 'for the life of another.'
A deed grants property to a son for the lifetime of his elderly father. This is a life estate pur autre vie measured by the father's life.
Quick-Take
A fast-track eminent domain procedure used in Illinois that allows the government to take possession of property quickly while compensation is being determined.
The state uses quick-take procedures to immediately begin construction on an emergency highway repair project while negotiating with affected landowners.
Reliction
The gradual recession of water from land, exposing new land that belongs to the riparian owner. Opposite of erosion.
A lake level drops over many years, exposing new dry land along the shoreline. The adjacent property owner gains title to the relicted land.
Remainder Interest
A future interest in property that becomes possessory upon the termination of a prior estate (such as a life estate).
A mother deeds her home to her daughter for life, with the remainder to her son. The son holds the remainder interest.
Reversionary Interest
A future interest retained by the grantor that becomes possessory when a prior estate (such as a life estate or defeasible fee) terminates.
A grantor deeds land 'to the city for use as a park.' If the city stops using it as a park, the land reverts to the grantor due to the reversionary interest.
Riparian Rights
Water rights of landowners whose property borders a flowing watercourse (river or stream). Include reasonable use of the water and rights to accreted land.
A farmer whose land borders the Illinois River has riparian rights to use the water for irrigation, subject to reasonable use by other riparian owners.
Servient Tenement
The parcel of land that is burdened by an appurtenant easement. It must allow the dominant tenement to exercise the easement rights.
The property across which the shared driveway runs is the servient tenement. The owner cannot block the easement.
Tacking
The combining of successive periods of adverse possession by different persons to meet the statutory time requirement for acquiring title by adverse possession.
One squatter occupies land for 12 years, then sells their interest to another who occupies for 9 more years. Tacking allows them to claim the full 20+ years needed in Illinois.
Taxation
The government's power to levy taxes on real property to fund public services. Property taxes are an ongoing encumbrance on ownership.
Cook County assesses property taxes annually based on assessed value. Unpaid taxes become a lien on the property.
Uniform Probate Code
A model law adopted in various forms by states to standardize probate procedures for transferring property after death. Illinois has its own probate laws based on similar principles.
When an Illinois resident dies without a will, Illinois probate principles determine how their real estate passes to heirs.
Waste
Damage or destruction to property caused by a life tenant or tenant that reduces its value for the remainderman or landlord. Can be voluntary, permissive, or ameliorative.
A life tenant cuts down all the mature timber on the property for personal profit, committing waste that damages the remainder interest.