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;
53 Cards in this Set
- Front
- Back
Real Estate
|
lan and all improvements on and to the land, by nature or humans
|
|
Real property
|
real estate plus leal rights, powers, priviledges inherent in ownership
|
|
bundle of rights
|
intangible rights: air, water, mineral, easment, leases, mortgages, licenses, profits, vuild, dispose, sell,encumber...
|
|
personal property/ chattel
|
everything tangible, readily moveable. harvest from crops
|
|
air rights
|
rights to area above the earth
|
|
subsurface/mineral rights
|
rights to area below the earth's surface
|
|
water rights
|
percolating, riparian, and surface
|
|
percolating water rights
|
water underground drawn by wells
|
|
riparian rights
|
belong to owner bordering a flowing boody of water
|
|
littoral rights
|
belong to owner bordering stationary body of water
|
|
fixture
|
improvements both on and to the land
|
|
the three types of fixture:
|
attachment, adaptation, and agreement
|
|
attachment
|
physical connection of objects to the real estate
|
|
adaptation
|
how an objects specifically fits the real estate
|
|
agreement
|
items specified by owner that constitute a part of the real estate and those that do not.
|
|
trade fixture
|
personal property that a business operator installs in rented building space..remains personal property
|
|
estate: freehold and non-freehold
|
an interest in real property sufficient to give the owner of the state the right to possess.
|
|
freeholder (estate)
|
landowner: fee simple (inheritable) and life
|
|
non-freeholder (estate)
|
rentor with rights....determinable end
|
|
Fee simple Absolute
|
complete ownership and all bundle of rights.The assumed etstae on a deed.
|
|
Fee simple Defeasible:
fee simple on condition qualified fee simple |
(fee simple absolute with a condition)
|
|
Fee simple on condition
|
Includes "but if" so it can be taken away if not followed on how property can be used. infinite
|
|
Qualified fee simple
|
Includes: "as long as" so it can be taken away if specified used is not continued. rare
|
|
Life estate
|
ownership, possession, and control for someone's lifetime: estate in remainder or estate in reversion
|
|
estate in remainder (remainders)
|
recieve title upon death of grantee (life tenant)
|
|
estate in reversion
|
possession of the property will go back to the owner at the end of the lease
|
|
dower/curtesy
|
automatic life estates owned by a surviving spouse
|
|
homestead life estate
|
only home to surviving spouse
|
|
pur autre vie
|
D conveys home to E until the death of F
|
|
act of waste
(in every lease) |
life tenant abuses or misuses the property. Those with remainder or reversion interest can bring a lawsuit
|
|
Nonfreehold (leasehold) estate
|
estate for years, periodic estate, estate at will, estate at sufference
|
|
estate for years
(fixed termination) |
lease inheritable, purchaser honors lease
|
|
periodic estate
(estate from year to year) |
automatically renews if one party does not give 15-30 days notice to the other.
|
|
estate at will
|
indefinite. 30 days notice. house sitting.
|
|
estate at sufference
|
tenant who is originally in lawful possession of another's property but refuses to leave upon expiration of the lease is termed a holdover tenants
|
|
ownership in severalty
|
only one owner
|
|
right of survivorship
|
if one or more owners dies,
the surviving co-owners automatically receive the interest of the deceased. |
|
unities of ownership
|
unity of time, title, interest (%), and possession.
|
|
possession of undivided interest
|
all owners have the right to possess or access any and all portions of the property owned, without physical division
|
|
Tenancy in common
|
-2 or more holding title to a property at the same time.
-usually inherited or no vesting choice decided when bought -Unity of possession -undivided interest -no right of survivorship -not joint, not equal |
|
partitioned
|
legal action so that each tenant may have a specific and divided portion of the property exclusive
|
|
Joint tenancy
|
-all 4 unities
-right of survivorship |
|
Tenancy by the entirety
|
-husband and wife
-no tax/no change -divorce changes to t.i.c. -right of survivorship |
|
Trustee
|
holds title to property for the benefit of another
|
|
beneficiary
|
receives benefits of gifts from the acts of others given by a will or trust
|
|
Trustor
|
conveys title to a trustee
|
|
joint venture
|
organization formed by two or more parties for the purpose of investing in real estate or any other type of investment
|
|
Combination forms of ownership are _________,_________.
|
Condominiums and Cooperatives
|
|
Condominiums
|
-jointy controlled
-title transferred by deed - res.comm.or indus. - title transfer by deed |
|
Common elements
|
areas available to all owners: yard, roof, hallways, elevators, pools
|
|
Cooperatives
|
-title transfer by stock/ propietary lease
-corporaiton in severalty -pay taxes and maintanence |
|
board of directors
|
oversees the finances, maintenence, and decision-making policy regarding the property.
|
|
Timeshares
|
Selling fractional interest in a fee simple ownership. Costs are prorated
|