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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.

Real Property

The rights or interests in real estate.

Bundle of Rights

1)Rights to Possess 2)Right to use/not use 3) Right to Encumber4) Right to Dispose 5) Right to Exclude

Personal Property

Legal interests in all kinds of property not attached to the land i.e. cars, boats, etcs.

Fixture

Personal Property that becomes real property when it is attached to the land or a building.

Guarantor

Person who sells the house. (Giver)

Guarantee

Person who buys the house. (Receiver)

Air Rights

The space above the Earth’s surface

Mineral Rights

Minerals or other useful materials that lie below the Earth’s surface

Riparian Rights

All owners who’s land underlies or borders the water have equal rights to the water.

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)

Estates

Collections or bundles of ownership interests in real property.

Freehold Estate

Owner of the estate

Leasehold Estate

Right to use and possess but not quite own

Life Estate

Type of freehold estate that terminates automatically after the death of a named person. (Buy this kind of house for your parents.)

Fee Simple Absolute Estate

Fullest and most complete set of ownership rights one can possess in real property.

Devisable

Interests can be transferred by a will on the death of the owner

Descendible

Interest passes to the owner’s legal heirs if he or she dies without a valid will.

Reversions

“You must never damage the house for as long as it shall stand.” *House gets damaged* House goes back to original loaner/heir*

Remainder

“To Sarah for her life, then to Robert.” Robertis the remainder.

Vested Remainder

Ownership of the remainder interest is guaranteed

Contingent Remainder

Ownership of the remainder interest depends on conditions.

Vested Reversion

Guaranteed to go back to original owner

Contingent Reversion

Conditions to go back to original owner

Tenancy for a Stated Period:

Occurs when a landlord and a tenant enter into an agreement for a specified term.

Tenancy from Period to Period

Created when landlord and tenant agree to continue their relationship from year-year or month-month

Tenancy at Will

When parties enter into a lease agreement without specifying either a termination date or a period length.

Tenancy at Sufferance

Occurs when a tenant is in possession of a landlord’s property against the wishes of the landlord

Tenancy in Common

Each joint-owner holds an undivided, proportional interest in the entire property.

Joint Tenancy

Same as Tenancy in common but carries right of survivorship.

Tenancy of the Entirety

Special kind of Joint Tenancy that can only be created between husbands and wives.

Community Property

All property acquired during the marriage is property of the “marital community.”

Condominium

All owners typically have fee simple titles to their personal units but share sidewalks, pools, etc.

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

Cooperative

Building owned by a nonprofit simply for the purpose of owning the property.

Rectangular Survey Description

When they created longitude and latitude and with that acres.

Township

6 Mile area of land

Easement

Crossing someone elses property without being a trespasser.

Eminent Domain

Government cannot seize property without proper reimbursement.

4 Unities

1. Time 2.Title 3.Interest 4.Possession

Lien

Claim on a property as either security for a debt or fulfillment of some monetary obligation.

Specific Lien

Created to secure debts that are associated with a particular parcel of real estate.

General Lien

(judgement lien or income tax lien) Placed on all of the property that might be owned by an individual

Mechanic’s Lien

Protects those who provide labor or materials for realestate improvements.

Mortgagor

Uses the house as collateral on the security

Mortgagee

Receives the benefits of the lien

Dominant Estate

Benefits from an easement

Servient Estate

Burdened by the easement

License

Unlikean easement they are normally temporary and allow revocable personal privilege to use the land for a particular purpose

Ad valorem

(of the levying of tax or customs duties) in proportion to the estimated value of the goods or transaction concerned.

Inverse condemnation

the government takes private property but fails to pay the compensation required by the 5th Amendment of Constitution.

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.

Zoning

Municipal or local government laws that dictate how real property can and cannot be used in certain areas