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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.

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.

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.

Definition of real property

Back (Definition)

Surface Rights

Include land and water rights.

Riparian and Littorial rights

Riparian-has direction


Littoral-has no direction

Definitions associated with water rights

Accretion


Alluvion


Erosion


Relic toon


Subsurface rights

Consist of owner’s rights to underground minerals, petroleum, natural gas, and so forth, often called mineral rights.

Air rights

Involve that space above a tract extending up to a height established by law.

3 physical components of land

Surface


Subsurface


Air

Real property

Land and improvements

Personal property (chattel)

Consist of items having a limited life that are easily movable from one place to another.

4 Legal test for fixtures

Back (Definition)

Practice questions

Back (Definition)

Bundle of legal rights


(Real property ownership rights)

Back (Definition)

Bundle of legal rights

Deep C

Estates

Freehold-for indefinite length. Own everything


Leasehold Estate-fixed term. Do not own land.

Feehold estates are estates of ownership.

Back (Definition)

Fee simple estate

Is the largest bundle of legal rights.

Life estates

are another type of freehold estates.

Life estates

Created by the person who holds title to real property. These lifecestates arevcalled conventional life estates.

Remainderman

When the life estate ends the property reverts to the original grantor or goes to a third party called a remainderman

Homestead

Is up to $50,000 and is deducted from the assessed value.

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.

Homestead protections

Include $1,000 of value of personal property.

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.

Non freehold estate

Have a known duration and do not involve an ownership interest.

Leasehold estate (tenancy)

Is an interest in real property that a tenant possesses. They are measured in calendar time.

Estate for years

Is a tenancy with a specific starting and ending date.

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.

Tenancy at will termination

Week to week-7 days


Month to month-15 days

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.

Tenancy in common

When two or more persons wish to share the ownership of a single property.

Undivided interest

Interest in the entire property rather than ownership of a particular part of the property

Joint tenancy

Right to survivorship

4 unities of joint tenancy

P


I


T


T

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.

Practice questions.

Back (Definition)

Practice questions

Back (Definition)

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.

Disclosures and cancellation period.

Back (Definition)

Condominiums

Consist of condominium units and common elements.


You are given a deed.

Cooperative, Condominium, and time share recission periods

Back (Definition)

Disclosure and cancellation period

15 days

Time sharing

Back (Definition)

Time sharing

10 calendar days of contract signing or receipt of the public offering statement whichever is later.


Back (Definition)

Practice questions

Back (Definition)

Practice questions

Back (Definition)