Rights and Environmental Issues Flashcards Preview

Law of Contracts > Rights and Environmental Issues > Flashcards

Flashcards in Rights and Environmental Issues Deck (40)
Loading flashcards...
1
Q

Name three rights appointed to a landowner in the State of Texas

A
  1. Water rights
  2. Mineral rights
  3. Homestead rights
2
Q

Which rights applies to any attempt by the government or a private entity to take your property?

A

State of Texas Landowner’s Bill of Rights

3
Q

Water rights are for what purpose?

A

They address the rights to own and use water found in lakes, streams, rivers, and the ocean

4
Q

In Texas, land owners along rivers or streams are granted which type of rights?

A

Riparian Rights

5
Q

Unlike surface water, groundwater is the property of the landowner, which allows a landowner the right to do what?

A

Capture the water beneath his or her property, and sell, lease, and move the water pumped from his or her property to a neighbor, corporation, or city

6
Q

What are the major forms of a legal life estate?

A

Homestead, dower and curtesy, and elective share

7
Q

Property acquired under dower laws is owned by whom and for how long?

A

The surviving spouse for the duration of his or her lifetime

8
Q

Concerning mineral rights, the landowner or lessor retains 1/8 interest free and clear of all costs. This is referred to as what?

A

Royalty

9
Q

Name three places human exposure to asbestos may occur.

A

Exposure may come by air, wind, and water erosion from naturally-occurring deposits as well as by the mining, manufacture and use of some asbestos-containing products

10
Q

Explain the term “friable”.

A

The term friable refers to any asbestos-containing material that, when dry, can be easily crumbled or turned to powder by hand

11
Q

In children, lead-based paint can cause what to happen?

A

In children, studies have shown that lead alters the development of growing brain cells

12
Q

Name three locations radon can enter a home.

A
Radon can enter the house through: 
Cavities in walls 
Joints in construction materials 
Gaps in suspended floors 
Gaps around utility pipes and wires 
Crawl spaces that open directly into the building 
Openings around pipes or sump pumps 
Cracks in concrete floors or foundation
13
Q

What is the main component of mold growth?

A

When excessive moisture or water accumulates indoors, mold growth will occur

14
Q

Electromagnetic fields can be caused by what?

A

Power lines, electrical wiring and appliances, which produce electric and magnetic fields

15
Q

Carbon monoxide (CO) is a deadly, colorless, odorless, poisonous gas. How is it produced?

A

By the incomplete burning of various fuels, including coal, wood, charcoal, oil, kerosene, propane, and natural gas

16
Q

High level carbon monoxide poisoning results in progressively severe symptoms. Name three.

A

Sever carbon monoxide poisoning can create symptoms of mental confusion, vomiting, loss of muscular coordination, loss of consciousness, and death

17
Q

There are many rights appointed to a landowner in the State of Texas. They include:

A

Water rights
Mineral rights
Homestead rights
State of Texas Landowner’s Bill of Rights

18
Q

Eminent Domain

A

is the legal authority that certain entities are granted that allows those entities to take private property for a public use.

19
Q

Water Rights

A

basically concern the rights to own and use water found in lakes, streams, rivers, and the ocean. In addition, they determine where parcel boundaries can be fixed with respect to adjoining bodies of water.

20
Q

The Texas Commission on Environmental Quality (TCEQ)

A

issues water rights for people who can show a beneficial use for the water, such as crop irrigation.

21
Q

Littoral Rights

A

concern properties abutting bodies of water that are not moving, such as lakes and seas.

22
Q

Riparian Rights

A

concern properties abutting moving water, such as streams and rivers.

23
Q

In Texas, land owners along rivers or streams are granted

A

Riparian Rights

24
Q

A riparian owner’s right to use water was changed in 1969 and requires

A

a state permit for the maximum actual water put to beneficial use without waste.

25
Q

A legal life estate is created by

A

state law, as opposed to, being created by a property owner’s agreement.

26
Q

Homestead law in Texas provides that:

A

A homestead can be held by every head of household and every single person.
The premises must be occupied or intend to be occupied by the family or the householder.
The head of household or householder must occupy or lease the property.

27
Q

An owner of a homestead must have lived in his or her home in Texas for 1215 days

A

in order to use the homestead exemption against bankruptcy.

28
Q

Dower

A

is a wife’s life estate interest in the husband’s property. When the husband dies, the wife can make a claim to portions of the decedent’s property.

29
Q

Curtesy

A

is the identical right enjoyed by the husband in a deceased wife’s property. Property acquired under dower laws is owned by the surviving spouse for the duration of his or her lifetime.

30
Q

To the extent that a landowner also owns the minerals in his tract, he may legally

A

sell such minerals from the surface estates. The owner of the minerals may mine or lease them.

31
Q

If buyers are concerned about potential environmental problems

A

they need to include a contingency in the contract that requires inspections and resolution of existing problems.

32
Q

Human exposure to asbestos may be caused by

A

air, wind and water erosion from naturally-occurring deposits as well as by the mining, manufacture and use of some asbestos-containing products.

33
Q

The term friable refers to

A

any asbestos-containing material that, when dry, can be easily crumbled or turned to powder by hand.

34
Q

Lead-based paint cannot

A

be absorbed through the skin. However, it is dangerous when it enters the bloodstream through ingestion or inhalation.

35
Q

Real estate agents who take listings of homes built prior to 1978

A

must have their sellers fill out a disclosure form about their knowledge or lack of knowledge about the presence of lead-based paint in the home.

36
Q

Radon

A

is an odorless, colorless, tasteless, and radioactive gas created in the ground where uranium and radium exist.
estimated to cause thousands of deaths each year, because by breathing radon, people can get lung cancer.

37
Q

Mold

A

a fungus that grows under moist conditions and causes allergic reactions in some people. When mold spores land on a damp spot indoors, they may begin growing and digesting whatever they are growing on in order to survive.

Molds produce tiny spores to reproduce, just as some plants produce seeds.

38
Q

electromagnetic fields or “EMFs,”

A

are invisible lines of force that surround any electrical device. They can be caused by power lines, electrical wiring and appliances, which produce electric and magnetic fields.

39
Q

Carbon Monoxide (CO)

A

is a deadly, colorless, odorless, poisonous gas. It is produced by the incomplete burning of various fuels, including coal, wood, charcoal, oil, kerosene, propane, and natural gas.

40
Q

High level carbon monoxide poisoning results in

A

progressively more severe symptoms, including mental confusion, vomiting, loss of muscular coordination, loss of consciousness, and death.