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163 Cards in this Set

  • Front
  • Back

A medieval English term, involved the holding of land without ownership—a right to possess (not own) subject to payment.

Tenure

An interest in land.


i.e. the status or extent of rights associated with tenure.

Estate

Based on principals more than specific rules and has developed over the centuries using legal precedents as opposed to stationary provisions set out by parliamentary decree.

Common Law

The highest estate or absolute right in real property.

Fee Simple

An ownership right to an individual for a lifetime period.

Life Estate

An interest in land that arises at the end of a life estate.

Future Estate

An interest in land for a specified period of time.

Leasehold Estate

A right to cross or otherwise use someone else's land for a specified purpose.

Easement

Two or more persons having ownership at the same time.

Concurrent Ownership

Ownership of land by two or more persons whereby, on the death of one, the survivor or survivors take the whole estate.

Joint Tenancy

Ownership of land by two or more persons; whereby, the interest of deceased does not pass to the survivor, but is treated as an asset of the deceased’s estate.

Tenancy in Common

All joint tenants must derive this from the same instrument; e.g., deed or will.

Unity of Title

This condition states that the interest of each joint tenant must begin simultaneously.

Unity of Time

Each joint tenant is entitled to the entire property and none holds any part separately.

Unity of Possession.

Condition stating that share of land is identical in nature, extent and duration.

Unity of Interest

A joint ownership alternative in which a property is owned by a corporation and it's members have a lease on a specific unit.

Co-operative Housing

A contractual relationship between two or more parties.

Partnership

A relationship in an investment arrangement that binds the liability to the amount invested and also the profit he/she can make.

Limited Parnership

This investor typically prepares projections indicating the viability of the project and consequential benefits to be obtained by the limited partners

General Partnership

Rights associated with owners of land on the banks of watercourses to take advantageous use of water on, under or adjacent to their land.

Ripairian Rights

Immovable property.

Real Property

Movable property.

Personal Property

Restrictions that extend beyond Government intervention.

Private Limitations

A limitation placed upon the use of property, contained in the deed.

Restrictive Covenant

A government right to regulate property ownership.

Police Power

The estate or interest in land that derives benefit from an easement.

Dominant Tenement

Involves land over which an easement exists.

Servient Tenement

The taking of private property by the state for public use, with fair compensation to the owner, without the owners consent.

Expropiation

The Crown or any person authorized by statute to expropriate land.

Expropriating Authority

Upon owners death, the governments right to have ownership returned if no heir can be found.

Escheat

An easement that can be created whenever an owner decides to grant a privilege, (a right-of-way or easement), in favour of another owner.

Express Grant

An individual can obtain a right-of-way or easement by adverse possession.

Prescription

A system of written land description whereby all boundary lines are set forth by use of terminal points and angles.

Metes and Bounds

Refers to a limit or limiting mark (i.e. distance).

Metes

Refers to boundary lines (i.e. directions).

Bounds

Land reserved by the government to be used for public roads.

Road Allowance

Strips of land making up a township, each separated by a road allowance.

Concession

A principle under land titles which states that the register of title reflects the current facts about any specific property on that register.

Mirror Principle

A principle under land titles which states that the register is the sole, current source of information and individuals need not be concerned with prior recorded information.

Curtain Principle

A principle under land titles which states that the current information in the register is covered under the Land Titles Assurance Fund.

Insurance Principle

Recording of property ownership by its geographic location.

Tract Indexing

Each property under the Land Titles Act is assigned a unique:

Parcel Number

The older type of land registration systems recording property interests on a geographic basis.

Registry Act

The newer and more accurate land registration system currently used.

Land Titles Act

Second number in the PIN

Property Index Number

This standard form is used to register a deed under either the registry or the land titles system.

Transfer/Deed of Land (Form 1)

Tax form which must accompany every document being registered in Ontario land registry offices that transfers an interest in land.

Land Transfer Tax Affidavit

A standard form used to register a mortgage under either the registry or land titles system.

Charge/Mortgage of Land (Form 2)

Standard form is used when stating a mortgage is closed under either registry or land titles systems.

Discharge of Charge/Mortgage (Form 3)

Essentially a blank form meeting prescribed standards that is used to register any documents that are not a transfer, charge or discharge.
Document General (Form 4)

This form is used as an attachment with other paper-based or electronic forms which can accompany a transfer, charge, discharge or document general.

Schedule (Form 5)

Original deed issued by the Crown

Root of Title

Titles in the registry system dating back to the Crown Patient, also known as the root of title.

Chain of Title

Responsible for implantation, operation and enhancement of POLARIS.

Teranet

Software used to remotely access to automated property records in Ontario land registry offices.

Teraview

The mapping and property detail database of the Ontario government

Province of Ontario Land Registration and Information System (POLARIS)

The estate of a deceased person is administered by.

Estate Trustee

The division of land by means of a consent under the Planning Act.

Land Severance

A municipality involved in planning-related activities.

Lower Tier Municipality

A regional, county or district involved in planning-related activities.

Upper Tier Municipality

Legislation that establishes the statutory framework for orderly planning in the province.

Planning Act

A use that existed prior to the current zoning by-laws.

Non-Conforming Use

A committee charged with the responsibility for granting minor variances under the Planning Act.

Committee of Adjustment

A general statement or principle issued by the Ministry of Municipal Affairs and Housing relating to long-term planning directions.

Provincial Policy Statement

A self-contained unit within a house.

Accessory Apartment

Federal enviromental legislation viewed as an enabling statute to establish a statutory framework for provincial activities.

Canadian Environmental Protection Act

An agency authorized under conservation legislation to oversee regulated areas.

Conservation Authority

A municipal permit issued following final inspection permitting occupancy of a structure.

Occupancy Permit

A regulated area in which the entire area is considered to be a flood way.

One Zone Flood Plain

A regulated area in which the flood plain is divided into a flood way and flood fringe.

Two Zone Flood Plain

The rights of the owner of lands on the banks of watercourses, to take advantageous use of the water on, under or adjacent to this land, including the right to acquire accretions, wharf slips and fish therefrom.

Riparian Rights

A distance from a curb, property line, or structure within which building is porhibited

Setback

Fires involving grease or flammable liquids that burn rapidly, such as gasoline, oil, lacquers, paints, mineral spirits, alcohol, fats and greases. A smothering or blanketing effect is needed to stop them.

Class B Fires

Fires that start in energized electrical equipment, such as air-conditioning compressors, motors, transformers, generators and electrical wiring. The use of water or a chemical that carries an electrical charge may result in death or injury for the person trying to stop such a fire and should therefore not be used

Class C Fires

Fires which start in combustible metals such as aluminum, magnesium, titanium, zirconium, sodium and potassium.

Class D Fires

When land identified for future use can be subsequently amended within a zoning by-law.

Holding Provision

A crystalline salt deposit is left as water evaporates from the surface of a masonry wall.

Efflorescence

Cover with plaster or mortar over a wall.

Parging

Name the following framing methods:




1. The wall studs are built before the floor systems, and the wall studs were continuous from the foundation up to the roof line.




2 The wood floor joist and sub floor system is provided on top of the foundation and studs are erected over this system, that are one-story high.

1. Balloon Framing




2. Platform Framing

Two different types of split level homes

Backsplits and Sidesplits

A horizontal support of timber, stone, concrete, or steel across the top of a door or window.

Lintel

When building occupants experience health-related problems arising from time spent in part or all of a structure.

Sick Building Syndrome (SBS)

Building materials which contain adhesives, resins, caulking, fillers and finishes can product off-gas emissions into the interior of structures.

Volatile Organic Compounds (VOC)

The horizontal top portion of the door frame.



Head

Head

Either the left or right vertical portion of the door frame.

Jamb

Jamb

The bottom of the door at floor level.

Sill

Sill

A continuous projection around the frame to resist the door from travelling beyond a closing point.

Stop

Stop

The sub frame of wood or pressed metal to which the door case is fixed.

Buck

Buck

A beam that supports the load over an opening such as a door or window.

Linlet

Refers to the act of furnishing and/or fitting panes or sheets of glass as in the case of windows and doors.

Glazing

Windows which arehinged at the side and can open either inward or outward.

Casement Windows

Casement Windows

The pieces of glass in a window.

Panes or Lites

Panes of a window are held in this.

Sash

Sash

A measure of thermal resistance where the higher the number, the more resistance to heat transfer.

R-Value

Metric equivalent to R-Value.


(Divide R-value by 5.6)

RSI-Value

Commonly occurs with energy transferal through solid objects such as basements, walls and ceiling components.

Conduction

Involves the movement of gas or liquid given changes in density and can be controlled by minimizing air leakage.

Convection

Involves the transmission of energy through space via a straight line between the source and the absorber.

Radiation

An energy efficiency program relating to new residential construction

R-2000

An electrical panel between the service entrance wires and power distribution within a structure.

Distribution Panel

The number of amps provided to a structure(s) through a primary service wire.

Electrical Service Size

In a hot water tank, refers to water that can be drawn off without depleting the hot water supply is referred.

Recovery Rate

Resistance of electricity.

Ohms

Electric current.

Amps

A detailed appraisal report typically prepared by a fee appraiser.

Narrative Report

A standardized appraisal report format typically associated with property valuation for residential property.

Form Report

A computer based program that relies on statistical methods to arrive at property values.

Automated Valuation Model (AVM)

Improvement generally limited to enclosed structures such as buildings, garages and sheds.

Improvements On-Site


Improvements that include items that either add to or detract from the outside enjoyment of the property.

Improvements to Site

The process by which the appraiser evaluates and selects from among two or more alternative conclusions or indications to reach a single value estimate.

Reconciliation

A range of stipulations and assumptions underlying an appraisal report.

Limiting Conditions

An study of nearby recently sold homes that helps establish a price range for a home. That price range helps determine the offer price or listing price of a home.

Comparative Market Analysis (CMA)

Assesses all property in Ontario and all municipalities are a member of.

Municipal Property Assessment Corporation (MPAC)

Valuation assessment that attempts to mirror the behavior of the market by weighing against a similar property.

Direct Comparison Approach

Valuation assessment based on the theory that the market value of an improved parcel can be estimated as the sum of the land value and the depreciated value of the improvements.

Cost Approach

Valuation assessment with investment properties that anticipate future benefits in terms of cash flow.

Income Approach

Professional appraisers who market services on the basis of time, cost and effort required to arrive at a value estimate.

Fee Appraiser

A lose of value that arises from the perception of a problem.

Stigma

The estimated cost to produce an exact replica of a building while using property valuation.

Reproduction Cost

The estimated cost of construction, at current prices, of a building having utility equivalent to the building being appraised

Replacement Cost

Estimate of site value through reproduction or replacement cost for the improvements.

Cost Appoach

Find similar sold properties and, through adjustments, arrive at a value estimate.

Direct Comparison Approach

Using revenue and expenses of property to arrive at a value estimate.

Income Approach

Refers to those items that are economically feasible to fix and therefore customarily repaired or replaced by a prudent property owner.

Curable Depreciation

Physical deterioration or functional obsolescence that either cannot be corrected, or can only be corrected at a cost greater than its contribution to the value of the property.

Incurable Depreciation

The four age variables considering life expectancy of a building during estimation of it's value.

Actual Age


Effective Age


Remaining Economic Life


Economic Life

Depreciation resulting from the loss of utility and hence value; e.g., poor design or unacceptable style.

Functional Obsolescence

Depreciation resulting from loss of utility or marketability due to location or general economic factors.

External Obsolescence

This method of estimating site value is based on the most recent sales data available onsimilar sites, preferably in the same neighbourhood.

Comparative Sales Method

This method of estimation involves calculating the known cost per square metre (or its imperialequivalent) of a newly-constructed building similar to the subject, and then multiplyingthis unit cost by the number of square metres in the subject structure.

Comparative Square Metre/Foot Method

A method of depreciation where a basic rate is applied.

Flat Depreciation Method

Depreciation based solely on the life expectancy of the structure.

Economic Age-Life Depreciation Method

Over-improvement that does not realize any or little economic benefit.

Superadequacy

This method of estimation relies on dollar costs provided in a manual that relevant photographs, charts and tables withsupplements offered by the supplier on a periodic basis.

Cost Services Method

This method of appraising involves separating the value of structures and other physicalimprovements from the total value of the property to arrive at a site value.

Abstraction Method

An approach to estimating property value based on the investments future benefits which the property is capable of producing.

Income Approach

The process of converting the income generated by a property into capital value by means of a capitalization rate.

Direct Capitalization

A statement used in the income approach to value, typically representing a one-year analysis of income expenses, derived from an owner’s statement with adjustment to reflect typical income and expenses.

Reconstructed Operating Statement

Potential gross (rental) income plus other income and less vacancy and credit losses. Terminology may vary in the marketplace.

Effective Gross Income

Net income following deduction of all expenses from effective gross income.

Net Operating Income (NOI)

Involves the determination of operating cash flows for a specific holding period plus the reversionary value at point of sale.

Yield Capitalization

The right of the mortgagor to reclaim clear title to the property upon full repayment of the debt.

Equity of Redemption

A mortgage involving the transferral of an interest in land as security for debt repayment, as distinct from an equitable mortgage–now largely viewed as an historical distinction given present registration practices for charges.

Legal Mortgage or First Mortgage

An historical term differentiating a mortgage against equity from a legal mortgage against title.

Equitable Mortgage or Second Mortgage, Third Mortgage...

A lien or interest on assets (movable or personal property) that is taken to secure a loan.

Chattel Mortgage

The legal priority of mortgages determined by time of registration, subject to various exceptions.

Mortgage Priority

Obligations of a mortgagor as set out in the Land Registration Reform Act, which apply to a Charge/Mortgage of Land registered in land titles or registry.

Implied Covenants

The right of the mortgagor to reclaim clear title to the property upon full repayment of the debt.

Equity of Redemption

A remedial court action taken by a mortgagee, when default occurs on a mortgage, to cause forfeiture of the equity of redemption of the mortgagor and also subsequent encumbrancers' equities of redemption.

Foreclosure

A legal remedy stating if you default on your mortgage payments the bank can go after, not only the real estate but also all of your personal assets to satisfy the debt.

Payment (Personal Covenant)

Legal remedy involving the disposition of mortgaged property by court action.

Judicial Sale

The actual holding and legal occupancy of a property by a mortgagee due to default by the mortgagor, typically undertaken coincident with some other action; e.g., foreclosure.

Possession By Mortgagee

A legal document wherein a person agrees to release any right that he/she may possess in a parcel of land with no further action towards the mortgagor.

Quit Claim Deed

The legal right of the mortgagee to force the sale of a property without judicial proceedings should default occur.

Power of Sale

Name the seven typical processing steps in order for residential mortgage.

- Pre-Approval (Optional)


- Mortgage Application Prepared


- Lender Review of Application


- Commitment Letter Prepared and Forwarded


- Commitment Letter Signed/Condition(s) Waived


- Mortgage Documents Prepared


- Mortgage Transaction Completed Coincident with Closing

A process undertaken by a lender to evaluate the credit worthiness of an applicant and assess the property being offered as security.

Underwriting

When a seller or vendor fiances the buyer.

Seller Take Back (STB)

Measures the ability to pay the property's monthly mortgage payments from the income of a property.

Debt Coverage Ratio (DCR)

The principal is obligated to compensate or indemnify the agent for liabilities incurred while carrying out responsibilities under the relationship.

Indemnification

An agent is entitled to payment for services rendered as agreed between the agent and the principal.

Remuneration

A term generally referring to a position of trust. An agent must maintain utmost loyalty and protect the interests of the principal (client).

Fiduciary

Two types of agreements between the agent and the principle.

Express and Implied Agreements

Agency where agent has limited Authority

Special Agency