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Questions and Answers
What is involuntary alienation?
What is involuntary alienation?
Involuntary alienation is the transfer of ownership without consent and control of the owner.
Which of the following are ways to transfer the title? (Select all that apply)
Which of the following are ways to transfer the title? (Select all that apply)
- Eminent domain (correct)
- Escheat (correct)
- Adverse possession (correct)
- Descent or probate (correct)
What happens to property if a person dies intestate?
What happens to property if a person dies intestate?
The property is typically transferred to the legal heirs of the deceased.
What is escheat?
What is escheat?
What does eminent domain allow?
What does eminent domain allow?
What are the criteria for adverse possession?
What are the criteria for adverse possession?
Study Notes
Involuntary Alienation
- Involuntary alienation occurs when property ownership transfers without the owner's consent or control.
Title Transfer Methods
- Ownership can be transferred through descent or probate, escheat, eminent domain, and adverse possession.
Descent
- Property transfers to legal heirs when an individual dies intestate (without a will).
- The state controls the distribution process, making this an involuntary transfer.
- Florida law prioritizes descendants' claims to the deceased's estate.
Escheat
- Escheat happens when an intestate person dies without any known legal heirs.
- The state acquires the deceased's property to ensure assets remain owned.
- The state seeks to find heirs primarily for tax collection purposes.
Eminent Domain
- Governments can take private property for public use through eminent domain.
- Compensation at fair market value is provided, typically via a process called condemnation.
- Common purposes include constructing highways or public buildings like stadiums.
Adverse Possession
- Adverse possession allows a person to claim ownership of real property after continuous possession for at least seven years.
- Required conditions for claiming adverse possession:
- Continuous, actual, and open possession for a minimum of seven consecutive years.
- Possession must be hostile, meaning it conflicts with the rights of the true owner.
- Payment of all applicable property taxes during the possession period.
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Description
This quiz covers key concepts related to involuntary alienation, including definitions and methods of title transfer. Learn about descent, escheat, eminent domain, and adverse possession. Perfect for law students or anyone needing a quick review of property transfer laws.
