click below
click below
Normal Size Small Size show me how
(Week 1) Study Sheet
Section 2 - Unit 7 - Lesson 6
Question | Answer |
---|---|
REAL PROPERTY | The land and everything attached to the land Ex: built in hot tub |
PERSONAL PROPERTY | Everything not attached Ex: free standing hot tub |
Tests of a FIXTURE (MARIA) | M ETHOD of annexation ADAPTABILITY of item to land’s use RELATIONSHIP of the parties INTENTION in placing item on land AGREEMENT of the parties |
Forms of Legal Description | Metes and bounds Lot and block Rectangular survey |
Real Property Ownership Rights (5) | Possession Enjoyment Exclusion Control Disposition |
More rights in the bundle… (3) | Mineral rights Air rights Water rights - Littoral - Riparian |
Appurtenances | Profit License |
Measuring Square Footage | Only finished areas attached to the main property No garages Ceiling height at least seven feet (w/ some exceptions) |
Land Measurement Conversions One foot = | 12 inches |
Land Measurement Conversions One Yard = | 3 feet |
Land Measurement Conversions One Mile = | 5,280 feet |
Land Measurement Conversions One Square yard = | Nine square feet |
Land Measurement Conversions One Acre = | 43,560 square feet |
Land Measurement Conversions One Section = | One square mile (5,280 feet on each side; 640 acres |
Land Measurement Conversions One Cubic Yard = | 27 cubic feet |
FREEHOLD ESTATE | ownership estates of inter-determinable length Fee simple estate Life estate |
LEASEHOLD ESTATE | Are the rights of possession without ownership Estate for years Estate at will Estate at sufferance Periodic estate |
Forms of Ownership SEVERALTY | Title is held by one owner |
Forms of Ownership CO-OWNERSHIP | Title is held by two or more persons or two or more legal entities Tenancy in common Joint tenancy Tenancy by the entirety |
Forms of Ownership TRUST | Title is held by a third person for the benefit of another (or others), called the beneficiary (or beneficiaries). Real estate investment trust (REIT) Living Testamentary Land |
Forms of Ownership BUSINESS OWNERSHIP | Limited liability partnership (LLP) Limited liability company (LLC) Sole proprietorship Partnerships Corporation |
ENCUMBRANCES Monetary or Physical | Is anything that limits or prevents the transfer of title to a property. Liens Easements Encroachments Licenses Existing leases |
LIEN | Is a debt against a property that must be paid off in order for a title to be transferred. Voluntary or Involuntary Multiple liens - certain have priority over others |
EASEMENT | Is an authorized physical restriction of the use of property. Right of way, driveway, drainage, solar, light and air, utility, and conservation. Remain attached to property permanently, unless both parties agree to remove them. |
4 ways to terminate EASEMENT | Express agreement Abandonment Merger Lack of necessity |
Common Interest Property CO-OPS | Shareholder don’t own any real estate, just shares in the corporation |
Common Interest Property TOWNHOMES | The owner owns both the structure and the land |
Common Interest Property CONDOS | The owner owns a unit within the structure, but no land |
Common Interest Property TIMESHARES | Ownership of property allows purchaser to use for periods through the year |
ACCESSION | The increase of land or property due to natural or man-made causes |
ACCRETION | Process in which water carries rock, sand and soil and causes land build-up |
ALLUVION | The new deposits of land that are the result of accretion (Commons at the mouth of large rivers) |
AVULSION | Rapid loss of land |
COMMON AREA | Shared halls, bathrooms, lobby, service closets, elevators, stairwells, etc. |
EASEMENT APPURTENANT | An easement attached to a specific parcel of land that transfers with the land and grants the right to use adjoining property |
EASEMENT IN GROSS | An easement granted to a specific individual or business entity rather than attached to the property itself |
EROSION | Gradual loss of land due to natural force |
ESTATE IN SEVERALTY | One person owned the property; all other interest are severed |
IMPROVEMENTS | Artificial attachments, such as fencing, buildings, and walkways |
JOINT TENANCY | Equal ownership with undivided rights of possession in which each owner may sell his own interest; if one owner dies, that person’s ownership reverts to the survirors |
LAND | Earth’s surface extending downward to the center of the earth and upward to infinity, including permanently attached natural objects |
LAND TRUST | A trust consisting of real property only |
LIVABLE SQUARE FOOTAGE | Square footage that includes enclosed areas that are suitable for year-round use, containing walls, floors, and a ceiling, and accessible from the rest of the living area |
LIVING TRUST | A trust created during an individual’s lifetime |
METES AND BOUNDS | Uses compass heading and directions |
MONUMENT SYSTEM | Permanent land markers are used a point of beginning |
LOT AND BLOCK | Provided plat references |
PUD | Planned unit development |
REAL ESTATE | Everything in the definition of land, plus all things permanently attached to it naturally or artificially |
REAL PROPERTY | Real estate plus the interest, benefits and rights automatically included with real estate ownership |
REAL ESTATE INVESTMENT TRUST (REIT) | Companies that own income-producing real estate |
RECTANGULAR (GOVERNMENT) SURVEY SYSTEM | Divides land surveyed into six-mile-square townships, which are further subdivided |
RELICTION | Increase in land caused by the permanent recession of water (such as lake) |
RENTABLE SQUARE FOOTAGE | Usable square footage plus a tenant’s share of common areas |
TENANCY IN COMMON | Each person is entitles to possession of the whole, and if one dies, that person’s ownership is inheritable (but doesn’t necessarily pass to the other owners). |
TENANCY BY THE ENTIRETY | Spouses own property together as a single legal entity and neither spouse may sell or give away an interest in the property without the other’s permission; if one dies, the entire ownership reverts to the surviving spouse. |
TESTAMENTARY TRUST | A trust created per the will of a deceased person |
USABLE SQUARE FOOTAGE | Square footage that can be used by a tenant |