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21 Cards in this Set
- Front
- Back
Meeting of the minds |
A deliberate agreement between parties; offer and acceptance; "Meeting of the minds". A requirement of a legally enforceable contract. |
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Time is of the essence |
a phrase in a contract that requires the performance of a certain act no later than the stated time or the non-compliant party is in breach and the contract may be voidable by the opposite party. |
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10 reasons for terminating an easement |
1.) No longer exist 2.) Easement holder becomes owner 3.) Release right 4.) Abandonment 5.) Non-use of prescription 6.) Adverse possession 7.) Demolition of a party wall 8.) Nonrecordation 9.) Lawsuit (quiet title) 10.) Residential easement converted to commercial purposes. |
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3 events in closing |
1.) The promises made in the sales contract are fulfilled 2.) Mortgage loans funds are distributed to the buyer for use 3.) Other settlement costs or funds are disbursed. |
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3 physical characteristics of real property |
Immobility, indestructibility, uniqueness. |
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4 economic characteristics of real property |
Scarcity, location, improvements, & permanence of investment. aka SLIP. |
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5 categories of real property |
Residential, commercial, industrial, agricultural, special purpose. |
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5 characteristics of ownership in severalty |
1.) One owner only 2.) Interest 100% 3.) one signature only one sold unless a married person-spouse signs to extinguish elective share rights 4.) Marriage of an owner does not automatically change to tenancy by entireties 5.) Heir shipwrights. |
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A lease is said to have __ __ __ because it is a contract and it conveys an interest in real property. |
Duel legal personality. |
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Abstract of title |
A condensed history of a title. |
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Acceleration clause |
the clause in a mortgage or deed of trust that can be enforced to make the entire debt do immediately if the borrower defaults on an installment payment or another covenant. |
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Acceptance |
occurs when the offeree signs the offer without making any changes to it, thereby evidencing his acceptance and willingness to be bound by and perform all terms of the offer. |
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Accession |
Acquiring title to additions or improvements to real property as a result of the annexation of fixtures or the assertion of alluvial deposits along the banks of streams. |
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Accertion |
acquiring title to additions or improvements to real property as a result of the annexation of fixtures or the assertion of alluvial deposits along the banks of streams. |
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Accrued items |
unpaid items to be prorated such as unpaid current real estate taxes or interest on an assumed mortgage that are owed by the seller but will be paid later by the buyer. |
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Acre |
A measure of land equal to 43,560 square feet, 4,840 square yards, 4,047 square meters, 160 square rods, or 0.0408 hectare. |
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Actual eviction |
The legal process that results in the tenants being physically removed from the leased premises; summary ejectment. |
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Ad valorem taxes |
General real estate taxes that are levied for the general support of the government agency authorized to impose the levy. |
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Adjustable-rate mortgage (ARM) |
a type of mortgage that generally originates at one rate of interest, with the rate fluctuating up or down during the loan term based on the movement of a published index. |
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Adjusted basis |
Cost of any physical capital improvements that add value to the property or prolong its life (added to the cost basis). |
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Adverse possession |
The open, continuous, exclusive, adverse, notorious possession of another's land under a claim of title. Possession for a statutory. Of 20 years in North Carolina may be a means of acquiring title. |