PSI Virginia Real Estate Practice Exam

In what context is escheat applicable?

1. When property taxes are unpaid

2. When property is abandoned by persons without heirs

3. When a property is sold for eminent domain

4. When property zoning is changed

The correct answer is: When property is abandoned by persons without heirs

Escheat applies primarily in the context of property being abandoned by individuals who do not have any legal heirs. This principle ensures that if a property owner dies without a will and without any identifiable heirs to inherit the property, the property will revert to the state. This serves several purposes, including returning the property to a taxable status under state control and helping to resolve situations where property might otherwise remain in limbo without ownership. In this context, when individuals abandon property without having heirs, it falls under the escheat doctrine because the state has a vested interest in reclaiming and managing unclaimed assets. Therefore, the correct answer highlights the legal framework regarding abandoned property and the importance of state intervention to prevent property from being left ownerless indefinitely. This process ultimately protects not just the interests of the state but also the community at large, ensuring that land and resources are utilized effectively.