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28 Cards in this Set

  • Front
  • Back

An interest in land that is or may become possessory

Estate

T/F: All possessory interests in land are estates

TRUE

T/F: All interests in land are estates

FALSE

a possessory interest that has an indeterminable duration

Freehold Estate

a possessory interest with a fixed duration

Leasehold Estate

T/F: Both a freehold and leasehold estate can exist simultaneously

TRUE

Multiple people who have estates in the same piece of land

Privity

The highest and most complete form of ownership, which is of potentially infinite duration

Fee simple absolute

2 ways fee simple title can be transferred

1. During the owner's life


2. By will

A fee simple estate that carries a qualification, so that ownership may revert to the grantor if a specified event occurs, or a condition is not met

Fee Simple Defeasible

T/F: California allows title to terminate automatically, in the triggering event of fee simple defeasible

FALSE; it requires a lawsuit

A freehold estate whose duration is measured by the lifetime of one or more persons

Life Estate

T/F: a life estate can be for the duration of another person's life

TRUE

Permanent damage to real property caused by the party in possession, harming the interests of other estate holders

Waste

A leasehold estate with a fixed term

estate for years

a leasehold estate that is renewed at the end of each period unless one party gives notice of termination

Periodic Tenancy

A leasehold estate that may arise after a periodic tenancy or a term tenancy terminates

Tenancy at will

A tenant who no longer has a lease but is still on the property against the will of the landlord

Tenancy at sufferance

sole ownership of a property

Ownership in severalty

joint ownership where there is no right of survivorship

Tenancy in common

T/F: a tenant in common can deed their share to another person without the consent of other tenants

TRUE

joint ownership with the right of survivorship

Joint Tenancy

4 unities to create a joint tenancy

1. unity of interest


2. Unity of Title


3. Unity of Time


4. Unity of Posession

Property owned jointly by husband and wife

Community property

T/F: Joint tenancy has a tax advantage over community property

FALSE; other way around

T/F: Owners of a condominium share ownership of the common elements as tenants in common

TRUE

A property that is owned by a corporation and tenanted by share holders who have proprietary leases for their units

Cooperative

T/F: The coop board must approve the sale of any shares

TRUE