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28 Cards in this Set
- Front
- Back
Freehold estates
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which are for an indefinite length (of unknown duration)
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Leasehold estates
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also called nonfreehold estates), which are for a fixed term (known duration)
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fee simple estate
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is the largest bundle of legal rights. Fee, fee simple, and fee simple absolute are all used to describe the estate
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Life estates
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are another type of freehold estate. The owner has considerably fewer rights than the owner of a fee simple estate. The life estate owner owns the property for only the period of the lifetime of an individual (the owner or other designated person). During the time an owner enjoys a life estate, the owner must maintain the property and not permit waste (anything that reduces the value of property) to occur
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remainderman
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When the life estate ends, the property reverts (returns) to the original grantor (previous owner) or goes to a third party
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homestead
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Protection of the family, is protected from forced sale to satisfy judgment liens for debts owing to personal loans, credit card debt, and so forth. Tax exemption,is restricted to 160 acres of contiguous land and improvements outside a municipality AND include $1,000 of value of personal property protection.
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Nonfreehold estates
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have a known duration and do not involve an ownership interest
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leasehold estate
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is an interest in real property that a tenant possesses. Under a lease, the tenant possesses a leasehold estate and the landlord (property owner) possesses a reversion estate.
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estate for years (or tenancy for years)
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tenancy for years) is a tenancy with a specific starting and ending date. It exists for a designated period, which may be any length of time from less than a year to a period of many years (such as a 99-year lease).
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tenancy at will
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is a lease agreement that has a beginning date but no fixed termination date, such as a week-to-week or a month-to-month agreement. Week to week—7 days' noticeMonth to month—15 days' notice |
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tenancy at sufferance
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occurs when a tenant stays in possession of the property beyond the ending date of a legal tenancy without the consent of the landlord. The tenant has no estate or title but only "naked" possession and is not entitled to notice to terminate.
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estate in severalty
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When title to property is held by one person
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concurrent ownership
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Ownership by two or more persons at the same time
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Right of survivorship
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share of a co-owner who has died goes to the surviving co-owner(s) and not to the deceased tenant's heirs
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tenancy by the entireties
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basically a joint tenancy between husband and wife. The four unities of a joint tenancy with right of survivorship must exist, and the two co-owners must be married to each other at the time they take title. This estate has its origin in the common-law attitude that a husband and wife are one ownership entity
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Under a tenancy in common, each tenant must hold an equal percentage of ownership in the property? TRUE OR FALSE?
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FALSE
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A joint tenancy features right of survivorship? TRUE OR FALSE?
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TRUE
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Land
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the surface of the earth and to everything attached to it by nature, such as trees and lakes.
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Real estate
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the land and all human-made improvements permanently attached to the land
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Real property
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real estate plus the legal bundle of rights inherent in the ownership of real estate
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Riparian rights
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abutting a flowing waterway, such as the banks of a river or stream
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Littoral rights
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ocean or a sea rights. rights include ocean-front property and gulf-front property
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MARI consist of:
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I Intent of the parties R Relationship or agreement of the parties M Method or degree of attachment A Adaptation of the item |
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bundle of legal rights consist of:
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Disposition
Enjoyment Exclusion Possession Control |
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Freehold Estates consist of:
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fee simple estate Life estates remainderman homestead |
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Nonfreehold or Leasehold Estates consist of:
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estate for years tenancy at will tenancy at sufferance |
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concurrent ownership consist of:
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tenancy in common, joint tenancy, and tenancy by the entireties
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which estate includes the right of survivorship?
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Joint Tenancy
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