Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
129 Cards in this Set
- Front
- Back
- 3rd side (hint)
TQ. ________ Property includes the following: trade fixtures, leases and fructus industriales (emblements). Also known as personalty and chattel. (p. 3)
|
Personal
|
None
|
|
TQ. Are leases an example of personal property or real property? (p. 4)
|
Personal
|
None
|
|
TQ. Name the six rights in real property, commonly referred to as the "bundle of legal rights" (p. 5)
|
possess, Control, Enjoy, Exclude, Encumber and Dispose
|
None
|
|
TQ. The name for the public method for controling or limiting how property may be used. This method may influence its value. (p. 6)
|
Zoning
|
None
|
|
TQ. The name for the private method for controling or limiting how property may be used. This method may influence its value. (p. 6)
|
Deed Restrictions
|
None
|
|
TQ. The law of supply and demand states that if a product is in high demand, but low supply, the price will ____ (p. 7)
|
Rise
|
None
|
|
TQ. All land has these three physical characteristics that influence value. (p. 9)
|
Immobility, Indestructibility and Uniqueness
|
None
|
|
TQ. A difference in area preference can cause to physically similar parcels of real estate to have very different economic values. This area preference is referred to as "______________" (p. 9)
|
Situs (aka, location, location, location)
|
None
|
|
TQ. A method of legally describing real property which identifies the outer edges of a parcel by establshing a well-marked starting point, called a point of beginning or POB, then describing in which direction and how far the property boundary runs from the POB. (p. 10)
|
Metes and Bounds
|
None
|
|
TQ. Name for a series of numbered imaginary lines that run from North to South across the US, created by the government for the purpose of surveying land. (p. 11)
|
Principal Meridians
|
None
|
|
TQ. Name for a series of imaginary lines that run east-west, established by the government which intersect principal meridians (p. 11)
|
Base Lines
|
None
|
|
TQ. One square mile is equivalent to ___________ acres. (p. 11)
|
640
|
None
|
|
TQ. A method of legally describing real property which begins with a large tract of land known as a subdivision plat. (p. 12)
|
Lot, Block and Subdivision (Recorded Plat)
|
None
|
|
TQ. This term referes to interest in land held or asserted by someone other than the landowner, which may diminish its value. (p. 13)
|
Encumberance(s)
|
None
|
|
TQ. The expression "first in time … first in line" describes the priority of these (p. 13)
|
Liens
|
None
|
|
TQ. Liens are always created by a _______, either through agreement (like a mortgage), by operation of law (unpaid taxes), and from a variety of sources including mortgages, work on the property (mechanic's liens) and court orders (judgement liens). (p 13)
|
debt
|
None
|
|
TQ. Term for a limited right to use the land of another, which may be volunarily or involuntarily conveyed. (p. 15)
|
Easements
|
None
|
|
TQ. Term for a personal privledge granted by one person to use the propery of another. These do not transfer with land and may be revoked anytime. (p. 15)
|
License
|
None
|
|
TQ. Term for an express easement which is conveyed in writing, usually through a deed, with a description of the easement and the subject property. Must be signed, acknowledged and recorded. (p. 16)
|
Express Grant
|
None
|
|
TQ. The primary difference between an easement appurtenant and an easement in gross. (p. 16)
|
An easement appurtenant conveys with the land while an easement in gross is attached to a person
|
None
|
|
TQ. T/F Commercial easements in gross (cable, telephone, gas lines) run with the land (p. 16)
|
TRUE
|
None
|
|
TQ. Term describing when private land is taken for public purpose. The government must justly (farily) compensase landowners for any loss in property value. (p. 18)
|
Eminent Domain
|
None
|
|
TQ. Term for an estate (ownership interest) in land in which one has both possession and (indefinite) ownership rights in real property) (p. 19)
|
Freehold Estate
|
None
|
|
TQ. Term for the possession and ownership of a freehold estate (p. 19)
|
Seisin
|
None
|
|
TQ. Term for an estate (ownership interest) that is certain to arise in the future (p. 20)
|
Future Estate
|
None
|
|
TQ. Term for an estate (ownership interest) that automatically arises after an existing estate terminates. (p. 20)
|
Remainder Estate
|
None
|
|
TQ. Term for an estate (ownership interest) that returns to the grantor (seller) after a grantor has conveyed a lesser estate (less than a fee interest) to someone else (grantee). (p. 20)
|
Reversion Estate
|
None
|
|
TQ. Term describing real property ownership by two or more persons at the same time. There are three forms: joint tenancy, tenancy in common and tenancy by the entirety. (p. 21)
|
Concurrent Ownership
|
None
|
|
TQ. What are the three forms of concurrent ownership? (p. 21)
|
Joint Tenancy, Tenancy in Common and Tenancy by the Entirety
|
None
|
|
TQ. Term for an estate in real property which only conveys the right of possession without the right of ownership. (p. 20)
|
Lease (or) Non-Freehold Estate
|
None
|
|
TQ. Term for the type of lease which has a definite beginning and definite ending date that does not automatically renew. (p. 24)
|
Estate for Years
|
None
|
|
TQ. Term for the type of lease which runs for a specified period of time and automatically continues from one period to the next unless either party terminates it. (p. 24)
|
Estate from Year to Year (Periodic)
|
None
|
|
TQ. Term for the type of lease which occurs when a tenant is in lawful possession of real estate with no definite specified time as to when he will vacate and no particular recurring period. That is, the estate may be terminated at any time by either party. (p. 25)
|
Estate at Will
|
None
|
|
TQ. Term for the type of leasehold that occurs only in a limited circumstance - when a tenant occupires real estate after his lawful rights have expired. Also known as "squatting". (p. 25)
|
Estate at Sufferance
|
None
|
|
TQ. To what does "unity of possession" refer in regards to condominium ownership? (p. 25)
|
Common areas are owned by the individual owners as tenants in common.
|
None
|
|
TQ. How are condominium units assessed and taxed? (p. 25)
|
Separately
|
None
|
|
TQ. _______is a term which refers to any typs of transfer of ownership of real property which can be voluntary (sale) or involuntary (foreclosure or eminent domain). (p. 28)
|
Alienation
|
None
|
|
TQ. "Title by Estoppel" is a legal principle whereby a person obtains title to real estate over the apparent owner, because the apparent owner failed to do this. (p. 29)
|
Provide proper public notice of his ownership interest
|
None
|
|
TQ. The individual who physically examines the public record in order to determine whether a title is marketable or insurable (for title insurance) and to create a title abstract. (p. 29)
|
Abstractor
|
None
|
|
TQ. The examiners performing a title search in most states must research the public record going back at least _____ years. (p. 29)
|
40
|
None
|
|
TQ. Reason why an estate (including title to real property) escheats or returns to the state. (p. 32)
|
The owner dies intestate and there is no one available who meets the statutory definition of the descendent's heir
|
None
|
|
TQ. Term for a written document used to convey title to land. (p. 32)
|
Deed
|
None
|
|
TQ. The four basic types of deeds, ranked in order from biggest risk to the seller to smallest. (p. 34)
|
Warranty Deed, Special Warranty Deed, Bargain & Sale Deed, Quitclaim Deed
|
None
|
|
TQ. Name of a document to convey property wherein the grantor guarantees (warrants) title only against defects arising during the tenure of his ownership and not against any previous defects in title (no promises about prior status) (p. 34)
|
Special Warranty Deed
|
None
|
|
TQ. Name of a document which contains no explicit promises by the grantor about the status of title to be conveyed, only implying that the grantor has an interest to transfer (p. 34)
|
Bargain & Sale Deed
|
None
|
|
TQ. Name of a document through which the grantor makes no promises about the status of title, rather, title is passed "as is" (including any encumberances). The grantor does not agree to warrant or defend the quality of title in any way and also does not promise that he has any interest or rights to convey at all. (p. 34)
|
Quitclaim Deed
|
None
|
|
TQ. Three clauses which are required in every deed. (p. 35)
|
Premises, Habendum and Testimonium
|
None
|
|
TQ. In a deed, the words "I hereby grant and convey…" or similar words of conveyence are found in the _______ clause. (p. 35)
|
Premises
|
None
|
|
TQ. In a deed, the words "to have and to hold" indicates the type of estate or interest the deed is conveying (such as a fee simple estate, a life estate, etc) are found in the _______ clause. (p. 35)
|
Habendum
|
None
|
|
TQ. In a deed, the provision which appears at the conclusion of a deed and contains the statement "in witness whereof the parties to the present have hereunto set their hands and seal" is referred to as the _______ clause. (p. 35)
|
Testimonium
|
None
|
|
TQ. Referred to by the acronym RESPA is federal law administered and enforced by the Consumer Financial Protection Bureau (CFPB), that regulates closing procedures to ensure that lenders fully inform buyers and sellers of all settlement costs, and that lenders do not engage in unfair practices. (p. 37)
|
Real Estate Settlement Procedure Act
|
None
|
|
TQ. What is the nature of loans for which RESPA is applicable? (p. 38)
|
RESPA covers loans secured with a mortgage placed on a one-to-four family residential property, including most purchase loans, assumptions, refinances, property improvement loans, and equity lines of credit.
|
None
|
|
TQ. What is the nature of sales which are exempt from RESPA? (p. 38)
|
RESPA does not apply to: business purpose loans, loans involving 25 acres or more, temporary financing, loans to purchase vacant land, loan conversions, secondary market transfers, transactions financed solely by the seller, an assumption that doesn't require lender aproval, a residential property consisting of more than four family units or cash sales.
|
None
|
|
TQ. RESPA requires that the borrower receives the _______ ________ within 3 business days showing the settlement service charges that the borrower will likely have to pay. (p. 38)
|
Loan Estimate
|
None
|
|
TQ. RESPA prohibits lenders from requiring excessive reserves defined as limted to ____ months of escrow payments) and requiring an escrow account statement within ____ days following settlement and annually thereafter. (p. 39)
|
2; 45
|
None
|
|
TQ. Who is responsible for submitting IRS form 1099-S to report residential real estate transactions to the Federal Government? (p. 41)
|
The person who prepares the closing statement (settlement agent)
|
None
|
|
TQ. Latin term meaning "according to value", this is the process by which many state and local governments assess real estate taxes for operating revenue based on the unique assessed value of the subject property (p. 43)
|
Ad Valorem
|
None
|
|
TQ. Term for property tax collected for local improvements, but only from those properties that benefit from the improvement (sidewalks, sewers, streetlights, etc.) (p. 43)
|
Special Assessments
|
None
|
|
TQ. Term for business real estate which is swapped (instead of paying cash) for other business properties witouth triggering a capital gains tax. (p. 44)
|
Like-Kind Exchanges, also known as 1031 exchange
|
None
|
|
TQ. The three primary federal tax deductions to which all homeowners are entitled when purchasing their primary residence. (p. 44)
|
Mortgage interest payments, real estate taxes and some closing costs
|
None
|
|
TQ. Under the FIRPTA (Federal law which authroizes the US to tax property transfers by foreign persons), the IRS collects ___ % of the gross purchase price which must be remitted within 20 days of closing when the property is sold by a foreign seller. (p. 45)
|
15%
|
None
|
|
TQ. In a Chapter 7 bankruptcy case, the courts may _______ a property if the property has no value to the estate (no equity). (p. 47)
|
Abandon
|
None
|
|
TQ. In general, when a person dies with real estate titled in their name, the title to the property immediately passes to (vests in) the person(s) to whom it is devised in the will or, in the absence of a valid will, to the person(s) who succeeds to the decedent's property as heirs under the intestate statutes. However, the rights of the heirs / devisees to the property are subject to control of the _______ courts for the purposes of administering the estate. (p. 47)
|
Probate
|
None
|
|
TQ. Term describing the government authority to create laws, including those that promote legitimate land use objectives, so long as such laws further public health, safety, morals and aesthetics. (p. 49)
|
Police Power
|
None
|
|
TQ. A residential area is rezoned because of conservation concerns and the building of homes is no longer permitted. This is sometimes deemed a legitimate exercise of policy power, and not a taking of land through eminent domain, thus no compensation is owed to the affected landowner. However, if the down-zoning is do drastic that the property becomes essentially unusable and worthless, property owners may contest the action in course through a contest known as an ______________ ______________. (p. 50)
|
Inverse Condemnation
|
None
|
|
TQ. Term describing the voluntary transfer (alienation) of privately owned property to a governing body with the stipulation that it be used for public purposes. (p. 50)
|
Dedication
|
None
|
|
TQ. Term referring to the government power that causes unclaimed property to transfer (revert) to the state. (p. 50)
|
Escheat
|
None
|
|
TQ. Term for the constitutional limitation on government power. (p. 50)
|
Due Process Clause
|
None
|
|
TQ. Valid exercise of the policy power, which systematically divides a city or county into various districts or zones of permitted land uses and building density. (p. 50)
|
Zoning
|
None
|
|
TQ. An allowed deviation from existing zoning which is due to unique circumstances and according to rules established by state law. (p. 52)
|
Variance
|
None
|
|
TQ. Use that is inconsistent with, and does not conform to a zoning ordinance and that is legal since it existed prioer to an amended zoning ordinance. (p. 53)
|
Legal Non-Conforming Use (also known as "grandfathering")
|
None
|
|
TQ. A change in zoning from a higher, more active category to a lower, less active (less profitable) category.
|
Downzoning
|
None
|
|
TQ. T/F if an owner has been using a parcel of land for heavy industry since 1973 and the property is subsequently zoned commercial, excluding industrial uses, the owner's continued industrial uses of the property is an example of a zoning variance (p. 54)
|
False … in this situation, continued industrial uses is a violation of existing zoning
|
None
|
|
TQ. What is the only potential environmental hazard in or aroudn property which has a federally imposed disclosure requirement, specifically for properties built prior to 1978.
|
Lead based paint
|
None
|
|
TQ. Term for private contractual agreements which are often imposed by developers on residential property and which "run with the land" (p. 55)
|
Restrive covenants
|
None
|
|
TQ. The priamry difference between the two types of restrictions on private property use: "zoning" and "restrictive covenants" (p. 56)
|
Zoning is based in law and restrictive covenants arise from contractual agreements
|
None
|
|
TQ. What law prohibits property managers from discriminating against people due to marital status? (p. 57)
|
Equal Credit Opportunity Act (ECOA)
|
None
|
|
TQ. T/F In a situation where a zoning law is more restrictive than a deed covenenant, only the deed covenant must be followed. (p. 56)
|
False. The more restrictive of the two must always be followed.
|
None
|
|
TQ. T/F Associations and affected owners mya enforce restrictive covenants through injunction, or a court-order to stop or remove offending uses. (p. 56)
|
TRUE
|
None
|
|
TQ. This type of lease agreement calculates rental amounts based on a fixed minimum rent, regardless of the tenant's business income, along with a percentage of any business income that exceeds an agreed upon amoount of a tenant's gross income. (p. 58)
|
Percentage lease
|
None
|
|
TQ. Term for a lease clause which establishes a right to act or refrain from acting at a future date, under specified circumstances (e.g. extend an existing lease, lease additional space, or purchase leased property at a specified price, for specific period of time, under specific terms and conditions). (p. 59)
|
Option clause
|
None
|
|
TQ. T/F A subdivision must be consistent with local zoning laws, but subdivision regulations add greater control to a subdivision project. (p. 61)
|
TRUE
|
None
|
|
TQ. After deducting rental losses and vacancies, the lanlord of 123 Main Street has actual rental income (effective gross income) of $24,000. He has operating expenses of $10,000. What is the landlord's net operating income (NOI)? (p. 62)
|
$14,000
|
None
|
|
Term describing articles of tangible personal property (such as a hydraulic car lift or a pizza oven) that are necessary to a tenant's trade or business and, even if firmly affixed to real estate, remain the personal property of the tenant. (p. 3)
|
Trade fixtures
|
None
|
|
Terms describing the two types of property, 1) goods and intangible interests and 2) land and improvements (p. 3)
|
Personal property and real property
|
None
|
|
Latin phrase meaning the "fruits of industry" or "labor", this refers to growing crops (aka "emblements) that are produced annually through labor and industry. (p. 4)
|
Fructus industriales
|
None
|
|
Latin phrase meaning the "fruits of nature" which describes permanent plantings which are classified as real property and, absent an agreement to the contrary, may not be removed from the land. (p. 4)
|
Fructus naturales
|
None
|
|
T/F The permanance with which an object is attached to real property is a factor in determining whether it may be removed. (p. 5)
|
True. The more permanent the attachment (built-ins) the less likely it may be severed.
|
None
|
|
T/F An object which was specially adapted or made to suit a particular unique feature of a building (e.g. built-in bookcase, track lighthing, bay windows, Murphy bed) is typically classsified as a fixture. (p. 5)
|
True. The term "adaptation" is used to refer to this characteristic of objects.
|
None
|
|
The bundle of intangible rights which exist as a a result of property ownership include possess, control, ______, exclude, encumber and dispose. (p. 5)
|
Enjoy
|
None
|
|
The bundle of intangible rights which exist as a a result of property ownership include ______, control, enjoy, exclude, encumber and dispose. (p. 5)
|
Possess
|
None
|
|
The bundle of intangible rights which exist as a a result of property ownership include possess, ______, enjoy, exclude, encumber and dispose. (p. 5)
|
Control
|
None
|
|
The bundle of intangible rights which exist as a a result of property ownership include possess, control, enjoy, ______, encumber and dispose. (p. 5)
|
Exclude
|
None
|
|
The bundle of intangible rights which exist as a a result of property ownership include possess, control, enjoy, exclude, ______, and dispose. (p. 5)
|
Encumber
|
None
|
|
The bundle of intangible rights which exist as a a result of property ownership include possess, control, enjoy, exclude, encumber and ______. (p. 5)
|
Dispose
|
None
|
|
Water rights include three legal doctrines to determine who has the intanginble right to use or divert water and how much. Included are riparian, littoral and prior appropriation water rights. Which of these refers to the rule that the owner who first diverts water having superior rights to all others? (p. 6)
|
Prior appropriate water rights
|
None
|
|
Water rights include three legal doctrines to determine who has the intanginble right to use or divert water and how much. Included are riparian, littoral and prior appropriation water rights. Which of these refers to the right of reasonable use for those with property bordering moving water? (p. 6)
|
Riparian
|
None
|
|
Water rights include three legal doctrines to determine who has the intanginble right to use or divert water and how much. Included are riparian, littoral and prior appropriation water rights. Which of these refers to the right of reasonable use for those with property bordering non-moving water? (p. 6)
|
Littoral
|
None
|
|
T/F Real estate is considered to react to the economic health of a community or a country and upticks in housing starts are lagging indicators which tend to improve following an economic upturn. (p. 7)
|
False. Housing starts are a leading indicator which changes before the econimy starts to follow a particular pattern or trend.
|
None
|
|
T/F The social impact of home ownership suggests that home values tend to rise when more renters are present due to civic participation, lower crime rate and perople taking more pride in property they rent. (p. 7)
|
False. Higher concentrations of homeownership, not rentals, is correlated with lower crime rates, higher civic participation and an increased pride in the property.
|
None
|
|
One of the unique characteristics of real estate is that each piece of real estate is heterogeneous which means _______ . (p. 7)
|
Every piece of real estate is unique, both in terms of its location and in terms of the nature and quality of any structures placed upon it.
|
None
|
|
Because real estate is heterogeneous and imoobile, you can usually expect a ____ in prices when there is an over-supply of homes or land in a given area. (p. 8)
|
Fall
|
None
|
|
If there is not enough land or homes in a given area, then prices will almost always _____. (p. 8)
|
Rise
|
None
|
|
Factors affecting real estate supply and demand include demographics, unemployment/income, cost/availability of credit, cost/availability of labor and materials and governmental policies. Which factor is in play if local land use controls and zoning are very restrictive? (p. 8)
|
Governmental policies
|
None
|
|
Factors affecting real estate supply and demand include demographics, unemployment/income, cost/availability of credit, cost/availability of labor and materials and governmental policies. Which factor is in play if a local employer closes a large facility leading to massive lay-offs? (p. 8)
|
Unemployment/income
|
None
|
|
Factors affecting real estate supply and demand include demographics, unemployment/income, cost/availability of credit, cost/availability of labor and materials and governmental policies. Which factor is in play if an active hurricane season leads to severe shortages and high costs for plywood? (p. 8)
|
Cost/availabilty of materials
|
None
|
|
Factors affecting real estate supply and demand include demographics, unemployment/income, cost/availability of credit, cost/availability of labor and materials and governmental policies. Which factor is in play if builders and developers are undertaking projects in a neighboring county experiencing a building boom? (p. 8)
|
Cost/availabilty of labor
|
None
|
|
Factors affecting real estate supply and demand include demographics, unemployment/income, cost/availability of credit, cost/availability of labor and materials and governmental policies. Which factor is in play if the economy is in recession and banks tighten their lending requirements? (p. 8)
|
Cost/availability of credit
|
None
|
|
Factors affecting real estate supply and demand include demographics, unemployment/income, cost/availability of credit, cost/availability of labor and materials and governmental policies. Which factor is in play if congress increases the deductions available to first-time homebuyers? (p. 8)
|
Governmental policies
|
None
|
|
Factors affecting real estate supply and demand include demographics, unemployment/income, cost/availability of credit, cost/availability of labor and materials and governmental policies. Which factor is in play if a community experiences a huge influx of immigrant families? (p. 8)
|
Demographics
|
None
|
|
Factors affecting real estate supply and demand include demographics, unemployment/income, cost/availability of credit, cost/availability of labor and materials and governmental policies. Which factor is in play if a Tesla plant is built in the center of town attracting highly skilled engineers from around the world? (p. 8)
|
Unemployment/Income
|
None
|
|
T/F Real estate is a local business, requiring licensees to keep up with the forces influencing the local market that will have little or no impact in other areas, and vice versa (p. 8)
|
TRUE
|
None
|
|
One of the physical characteristics of land … it cannot be moved from one geographical location to another (p. 9)
|
Immobility
|
None
|
|
One of the physical characteristics of land … its value may be destroyed by changing conditions, but land exists forever. (This is the reason why land cannot be insured nor can its value by depreciated) (p. 9)
|
Indestructibility
|
None
|
|
One of the physical characteristics of land … every parcel of real property is distinct (p. 9)
|
Uniqueness (or Heterogeneity)
|
None
|
|
One of the economic characteristics of land .. there is a limited (finite) supply on the Earth. (p. 9)
|
Scarcity
|
None
|
|
One of the economic characteristics of land .. Two physically similar parcels of real estate may have very different economic values due to people's preference for one location over another. (p. 9)
|
"Situs" (aka "location, location, location")
|
None
|
|
One of the economic characteristics of land ..additions may be made to enhance its value (p. 9)
|
Improvements
|
None
|
|
One of the economic characteristics of land .. the infrastructure improvements including sewage, drainage and electricity systems. (p. 9)
|
Investment permanence
|
None
|
|
One of the economic characteristics of land .. Combining two ore more contiguous parcels into a single parcel under the same ownership to increase its overall value (aka "plottage value") (p. 9)
|
Assemblage
|
None
|
|
In the Metes and Bounds method of legally describing real property, these can be established using artificial monuments (iron pipes, brass disks) and natural monuments (lakes, large boulders and noteworthy trees) (p. 10)
|
Bounds
|
None
|
|
Known also as the geodetic or rectangular survey system, and used in more than 30 states (mostly in the mid-west), this method employes the use of imaginary lines to form a checkerboard pattern. (p. 11)
|
Government survey
|
None
|
|
In a government survey, these numbered imaginary lines run from north to south
|
Principal Meridians
|
None
|
|
In a government survey, these numbered imaginary lines intersect the principal meridians and run east-west
|
Base Lines
|
None
|
|
In a government survey, rectangles formed by principal meridians and baselines may be further subdivided into these squares which have 24 miles per side
|
Checks
|
None
|
|
In a government survey, Checks, which are 24 miles per side, may be further subdivided into _______ which have 6 miles per side
|
Townships
|
None
|
|
In a government survey, townships are divided into one square mile ___________.
|
Sections
|
None
|
|
In a government survey, sections are divided into 640 smaller sections called ____________.
|
Acres
|
None
|
|
In a government survey, there are ______ numbered sections within a township. The numbering begins in the northeast corner, which is always section number 1 and moves east and then south in a 'snake-like' manner
|
36
|
None
|