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53 Cards in this Set
- Front
- Back
Real Estate |
Land and things attached to it such as buildings and other improvements to the land. |
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Real Property |
The rights or interests in real estate. |
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Bundle of Rights |
1)Rights to Possess 2)Right to use/not use 3) Right to Encumber4) Right to Dispose 5) Right to Exclude |
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Personal Property |
Legal interests in all kinds of property not attached to the land i.e. cars, boats, etcs. |
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Fixture |
Personal Property that becomes real property when it is attached to the land or a building. |
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Guarantor |
Person who sells the house. (Giver) |
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Guarantee |
Person who buys the house. (Receiver) |
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Air Rights |
The space above the Earth’s surface |
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Mineral Rights |
Minerals or other useful materials that lie below the Earth’s surface |
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Riparian Rights |
All owners who’s land underlies or borders the water have equal rights to the water. |
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Prior Appropriation Theory |
The first person to use a body of water for some beneficial economic purpose has a right to use all the water desired even if it gets in the way of other owners. (First Come, First Serve) |
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Estates |
Collections or bundles of ownership interests in real property. |
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Freehold Estate |
Owner of the estate |
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Leasehold Estate |
Right to use and possess but not quite own |
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Life Estate |
Type of freehold estate that terminates automatically after the death of a named person. (Buy this kind of house for your parents.) |
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Fee Simple Absolute Estate |
Fullest and most complete set of ownership rights one can possess in real property. |
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Devisable |
Interests can be transferred by a will on the death of the owner |
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Descendible |
Interest passes to the owner’s legal heirs if he or she dies without a valid will. |
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Reversions |
“You must never damage the house for as long as it shall stand.” *House gets damaged* House goes back to original loaner/heir* |
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Remainder |
“To Sarah for her life, then to Robert.” Robertis the remainder. |
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Vested Remainder |
Ownership of the remainder interest is guaranteed |
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Contingent Remainder |
Ownership of the remainder interest depends on conditions. |
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Vested Reversion |
Guaranteed to go back to original owner |
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Contingent Reversion |
Conditions to go back to original owner |
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Tenancy for a Stated Period: |
Occurs when a landlord and a tenant enter into an agreement for a specified term. |
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Tenancy from Period to Period |
Created when landlord and tenant agree to continue their relationship from year-year or month-month |
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Tenancy at Will |
When parties enter into a lease agreement without specifying either a termination date or a period length. |
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Tenancy at Sufferance |
Occurs when a tenant is in possession of a landlord’s property against the wishes of the landlord |
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Tenancy in Common |
Each joint-owner holds an undivided, proportional interest in the entire property. |
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Joint Tenancy |
Same as Tenancy in common but carries right of survivorship. |
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Tenancy of the Entirety |
Special kind of Joint Tenancy that can only be created between husbands and wives. |
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Community Property |
All property acquired during the marriage is property of the “marital community.” |
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Condominium |
All owners typically have fee simple titles to their personal units but share sidewalks, pools, etc. |
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Metes and Bounds |
Metes are the distances used in a description and, bounds are the directions of the boundaries that enclose a piece of land |
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Cooperative |
Building owned by a nonprofit simply for the purpose of owning the property. |
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Rectangular Survey Description |
When they created longitude and latitude and with that acres. |
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Township |
6 Mile area of land |
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Easement |
Crossing someone elses property without being a trespasser. |
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Eminent Domain |
Government cannot seize property without proper reimbursement. |
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4 Unities |
1. Time 2.Title 3.Interest 4.Possession |
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Lien |
Claim on a property as either security for a debt or fulfillment of some monetary obligation. |
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Specific Lien |
Created to secure debts that are associated with a particular parcel of real estate. |
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General Lien |
(judgement lien or income tax lien) Placed on all of the property that might be owned by an individual |
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Mechanic’s Lien |
Protects those who provide labor or materials for realestate improvements. |
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Mortgagor |
Uses the house as collateral on the security |
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Mortgagee |
Receives the benefits of the lien |
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Dominant Estate |
Benefits from an easement |
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Servient Estate |
Burdened by the easement |
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License |
Unlikean easement they are normally temporary and allow revocable personal privilege to use the land for a particular purpose |
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Ad valorem |
(of the levying of tax or customs duties) in proportion to the estimated value of the goods or transaction concerned. |
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Inverse condemnation |
the government takes private property but fails to pay the compensation required by the 5th Amendment of Constitution. |
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Police powers |
is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants. |
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Zoning |
Municipal or local government laws that dictate how real property can and cannot be used in certain areas |