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48 Cards in this Set
- Front
- Back
Land |
Refers to the surface of the earth and everything attached to it by nature, such as trees and lakes. |
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Real estate |
Refers to the land and all human-made improvements permanently attached to the land. Such as hones, factories, fences, streets, sewers, and other additions. |
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Real property |
Includes all real estate plus the legal bundle of rights inherent in the ownership of real estate. Includes the legal interests, rights, and privileges associated with the ownership of real estate. |
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Definition of real property |
Back (Definition) |
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Surface Rights |
Include land and water rights. |
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Riparian and Littorial rights |
Riparian-has direction Littoral-has no direction |
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Definitions associated with water rights |
Accretion Alluvion Erosion Relic toon
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Subsurface rights |
Consist of owner’s rights to underground minerals, petroleum, natural gas, and so forth, often called mineral rights. |
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Air rights |
Involve that space above a tract extending up to a height established by law. |
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3 physical components of land |
Surface Subsurface Air |
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Real property |
Land and improvements |
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Personal property (chattel) |
Consist of items having a limited life that are easily movable from one place to another. |
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4 Legal test for fixtures |
Back (Definition) |
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Practice questions |
Back (Definition) |
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Bundle of legal rights (Real property ownership rights) |
Back (Definition) |
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Bundle of legal rights |
Deep C |
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Estates |
Freehold-for indefinite length. Own everything Leasehold Estate-fixed term. Do not own land. |
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Feehold estates are estates of ownership. |
Back (Definition) |
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Fee simple estate |
Is the largest bundle of legal rights. |
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Life estates |
are another type of freehold estates. |
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Life estates |
Created by the person who holds title to real property. These lifecestates arevcalled conventional life estates. |
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Remainderman |
When the life estate ends the property reverts to the original grantor or goes to a third party called a remainderman |
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Homestead |
Is up to $50,000 and is deducted from the assessed value. |
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Size of homestead |
Restricted to 160 acres of contiguous land and improvements outside a municipality or up to 1/2 acre of contiguous land and improvements if the property is located within the city. |
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Homestead protections |
Include $1,000 of value of personal property. |
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Protection of famiky |
If a married person dies and the family homestead was titled in that deceased persons name only, by operation of the law (even if the will states otherwise) the surviving spouse receives a legal life estate and the children receive a remainder estate. |
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Non freehold estate |
Have a known duration and do not involve an ownership interest. |
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Leasehold estate (tenancy) |
Is an interest in real property that a tenant possesses. They are measured in calendar time. |
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Estate for years |
Is a tenancy with a specific starting and ending date. |
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Tenancy at will |
Maybe written or oral Is a lease agreement that has a beginning date but no fixed termination date such as week to week or month to month agreement. |
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Tenancy at will termination |
Week to week-7 days Month to month-15 days |
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Tenancy at sufference |
Occurs when a tenant stays in possession of the property beyond the ending date of a legal tenancy without the consent of the landlord. |
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Tenancy in common |
When two or more persons wish to share the ownership of a single property. |
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Undivided interest |
Interest in the entire property rather than ownership of a particular part of the property |
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Joint tenancy |
Right to survivorship |
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4 unities of joint tenancy |
P I T T |
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Seperate property |
Any property held in one spouse name only. Property the husband or wife owned separately before they were married and property acquired during marriage by inheritance or gift. |
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Practice questions. |
Back (Definition) |
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Practice questions |
Back (Definition) |
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Cooperatives |
Is a multi unit building that is owned by a corporation. The corporation holds title to the land and improvements. The unit owners purchase shares of stock in the corporation. |
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Disclosures and cancellation period. |
Back (Definition) |
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Condominiums |
Consist of condominium units and common elements. You are given a deed. |
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Cooperative, Condominium, and time share recission periods |
Back (Definition) |
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Disclosure and cancellation period |
15 days |
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Time sharing |
Back (Definition) |
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Time sharing |
10 calendar days of contract signing or receipt of the public offering statement whichever is later. Back (Definition) |
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Practice questions |
Back (Definition) |
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Practice questions |
Back (Definition) |