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30 Cards in this Set

  • Front
  • Back

Real Property

land, improvements attached to the land, and the rights to use them


Personal Property


A right or interest in things of temporary or moveable nature - Chattel, Personalty. Ownership is transferred with a bill of sale


Fixtures, trade fixures, emblements


trade fixture are required to carry out business

Public and Private Land use controls

Encumbrances

Public Controls - Government Powers

Police Power, Eminent Domain, Escheat

Police Power

the power given to a municipality to regulate the use of a property

Eminent Domain

right given the government to take property for

public use through condemnation.

Escheat

reversion of property to the state when someone dies without a will or heirs.

Private Controls, Restrictions and Encroachments

covenants, conditions, and restrictions

easements

licenses and encroachments

Lease Hold Estates

Estate for years and from period to period,

Estate at will and Estate at Sufferance

Gross, Net and Percentage Leases

voluntary alienation

transfer of title to another, usually by a written document

involuntary alienation

usually occurs in court and or can occur from natural causes



Recording the Title

Constructive and Actual notice


Title Abstract and Chain of Title


Marketable Title


Clouded Title

Attorney Title Opinion, quiet title lawsuit, and title insurance

Chain of title

list of all owners of a property

characteristics of value

DUST

demand, utility, scarcity, transferability

principles of value

highest and best use


principle of substitution


conformity


increasing and decreasing returns


contribution


regression


competition


change


anticipation

methods of appraisal

Market Data, income or capitalization method and or cost approach

Sales Comparison approach

3-5 sales no more than 6 months old - residential

Income Approach

Income producing

Gross Rent Multiplier

GRM is based on location and rent - price per rent

Gross Income Multiplier

GIM is used for commercial property - based on annual rent

Implied Contract

implied by actions or evidence

Unilateral Contract

binds only one party - an option is a unilateral contract

Bilateral Contract

Binds both parties. A contract

Required Elements of a contract

COLIC


competent parties


offer and acceptance


legal purpose


in writing


consideration

Voidable

one party has the right to withdraw

steps to the appraisal process

state the purpose

collect and verify

estimate value

reconcile

prepare report

functional obsolescence

mostly curable, inferior materials, curb appeal, not enough bathrooms or bedrooms

Economic obsolescence

also referred to as external obsolescence - zoning, pollution

Express Contract

written or stated