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45 Cards in this Set

  • Front
  • Back
Detached residential
- up to 4 units
-owner typically lives there
Multi-family residential
-structures with 5 or more units.

tenant occupied- hotels apartments
owner occupied- condominiums cooperatives
Condo
-individual household gets its own morgage loan.

- all owners together own common areas.,
Co-Op
- a corporation owns the property and gets a morgage loan in the corporation's name

-all occupants are shareholders in the corporation

-each shareholder has a special lease on the unit occupied.
CBD
Central Business District
types of improved property:
-Detached residential
-Mulit-family residential
-Commercial
-Industrial
-Agricultural
-Other
industrial
located around power sources and transportation facilities
Brokerage
-using special knowledge of the market to bring buyers and sellers together.

-broker- typically owner/manager, must have a license

-salesperson- works for broker
Appraisers
-need a state licence to do most types of Appraisals.

- can get a professional designation such as Member of Appraisal Institute (MAI)
real estate
land and improvements permanently attached
land
-surface of the earth and natural resources

-also areas below and above the surface
real property
-technically it relates to rights in real estate
- informally the term is used interchangeably with real estate
legal description
-a description of a parcel of land that would be acceptable in a court or legal proceeding.

-should unquestionably differentiate the subject parcel from all other parcels
three primary methods of legal description
1. U.S govt rectangular survey system
2.metes and bounds
3.subdivision plat
U.S government rectangular survey system
-based on "square" parcels of land

Quadrangles- 24x24 miles
Townships- 6x6 miles
Sections- 1x1 mile

not really square:
- northernly running boundary lines get closer together as you go farther north

-physical barriers such as rivers get in the way.
U.S government rectangular survey system

ranges
east or west of principal meridean
U.S government rectangular survey system

tiers
north or south of the principal meridian's base line
Metes and Bounds

(includes what is a POB)
-directs you to go so many feet in one direction, then another, and so on until you have described the parcel by tracing all of its boundaries.
-Start at POB and move clockwise

metes- distances
bounds-directions

Point of beginning (POB)- not be subject to decay or easily moved.
if metes and bounds description is ambiguous, the disagreement is settled based on:
1. natural landmarks or known boundaries of adjacent properties

2.Artificial landmarks

3. Directions

4. Distances
Subdivision Plat
-in older residential areas, there typically "Block" and "Lot" number designations for all platted lots in a specified subdivision.

-a lot number, shown on the plat map, suffices as a complete legal description
"bundle of rights" in real estate
-use
-exclusion
-disposition
-right to do none of these
whats included in real estate
-land and buildings
-air rights
-water rights
-sub-surface/mineral rights
-fixtures
estate
-if you hold an ownership or leasehold interest in real estate

can be classified as
-possessory
-non-possessory
possessory estate
estate holder has right to currently possess and use the land

-Freehold and Non- freehold estates
freeholds
-exist for an indefinite time period
Freeholds

Fee simple
- holder has the whole bundle of rights.

-"Fee": means the interest can be inherited.
Freeholds

Life Estate
possession during life of fife tenant
violations of conditions in a freehold can lead to:
loss of ownership
Possessory real estate

AD&D
Alienable- you can sell or give it away during your life

Devisable- you can leave it in a will

Descendable- if you die without a will, the state will direct the property to your heirs.
non-freehold estates
- definite or at least limited time period. (leasehold)

four types:
-estate for years (stated period)
-estate from yr to yr (or period to period)
-estate at will (lasts as long as landlord and tenant agree)
-estate at sufferance (tenant still on property while landlord is undertaking eviction procedures)
non-possessory estate
estate holder has a possibility of receiving the right to possess in the future.
reversion
ownership returns to the original grantor (or heirs)
remainder
ownership passes to a third party after life estate terminates

vested- certain to occur (to G for life with remainder to H)

contingent- condition must be met, or else ownership reverts to grantor
Easement
the right to make limited use of another person's land
easement appurtenant
-runs with the land, so future owners of both parcels are bound by the agreement
easements are created six ways:
-agreement
-grand to reservation
-implication
-necessity
-reference to subdivision plat
-prescription
easement by prescription
-after unauthorized use
-must be open, hostile, and continuous/uninterrupted) for a given time
-may be entitled to a permanent easement.
easement by agreement
owner of servient tract agrees to easement, for mutual agreement or for money payed.
Easements are Terminated in 6 ways
-Agreement
-Fulfillment of Purpose
-Abandonment
-Prescription
-Merger
Expiration
profit a prendre
-right to take
-non-possessory interest that caries the right to take crops, minerals... from someone else's property
encroachment
the sitting of a building, fence, or other improvement partially on an adjoining owner's land.
Methods of tenancy
-joint tenancy
-tenancy in common
-tenancy in entirety
-tenancy in partnership
-community property
-condominium
-cooperative
-syndicate
-illinois land trust
-real estate investment trust (REIT)
joint tenancy
four unities must be present:

1. interest- must hold equal %
2. Title- each hold (same type)
3. possession- equal right to possession
4. Time- acquire interests at the same time
tenancy in common
type of co-tenancy that law assumes in absence of explicit designation as joint tenancy.

-the four unities are not necessary ( can own different %s)
tenancy by entirety
-offered to married couples
- can not sell without other's approval
- if divorced they become tenants in common