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Types of Ownership
| Term | Definition |
|---|---|
| Freehold Estates | No definite ending period. Lifetime. Ownership |
| Fee Simple | Freehold estate with most rights Lifetime - no ending date. Iheritable |
| Conditional Fee or Defeasible Fee | Freehold Estate with conditions Lifetime - no ending date May not be inheritable |
| Leasehold Estate | Renting/Leasing Personal: National Real: GEORGIA Fixed Period of Time Estate belongs to tenant because Owner gave up right of possession to rent property |
| Inheritable Estates | Freehold Fee Simple Conditional Fee or Defeasible Fee |
| Non-Inheritable | Freehold Life Estates Reversion/Remainder Dower/Curtesy/Homestead |
| Estate in Reversion | Goes back to original owner who may take possession. |
| Life Estate | Deed for Life of someone else giving them rights. Not inheritable Grantor - Owner - Grantee Life Tenant |
| Pur Autre Vie Life Estate | Deed for Life of Third Party. Not inheritable. Grantor: Owner Grantee: Tenant |
| Granter | Who conveys deed of property in a Life Estate |
| Grantee | Who is the Tenant in a Life Estate |
| Estate in Reversion | Reverts back to the owner after Life Estate ends |
| Estate in Remainder | Reverts back to a third party after Life Estate ends |
| Anyone | Who can receive property |
| To Sell Property | You must be of age and sound mind |
| Reservation | IE - Sell property but reserve right to cross |
| Dower | Wife's interest in Husband's Property N/A in Georgia |
| Dower | Husband's interest in Wife's Property N/A in Georgia |
| Homestead | Must be owner occupied. Protects owner from creditors. Does not apply to primary mortgage |
| Life Estate Charaterics | Can be sold, leased & mortgaged. Cannot be willed. |
| Severalty | One Owner or one Entity |
| Tenancy in Common | More than one owner - concurrent Unequal/Undivided Shares Can Will to Heirs Upon Death Reverts to Heirs Multiple Titles Severs when someone does a suit to partition |
| Concurrent | More than one owner. |
| Tenancy in Common | Unequal/Undivided Shares |
| Tenancy in Common | Concurrent Ownership you can Will to heirs |
| Tenancy in Common | Concurrent Ownership that reverts to Heirs |
| Tenancy in Common | Multiple Titles |
| Tenancy in Common | Concurrent-Ownership - severs when someone does a Suit to Partition |
| Joint Tenancy | Concurrent. Used H & W PITT POSSESION (equal), INTEREST (equal), TIME (same), TITLE (one) Survivorship If one breaks survivorship becomes tenancy in common |
| Tenancy by Entireties | Similar to Joint Tenancy. Only applies to H&W. N/A to Georgia |
| Community Property | H&W - Everything owned 50/50. Not recognized in Georgia |
| Separate Property | Premarital. Do not co-mingle. Inheritable |
| Life Estate | Grantor allows Grantee to use property for their Life |
| Life Estate | Grantor allows Grantee use of property during their life |
| Life Estate | Grantee has temporary ownership |
| Life Estates | Sold, Leased, Mortgaged |
| Tenancy in Common | Multiple Titles |
| Leasehold Estate | Landlord /Tenant N'L: Personal GEOROA: REAL Lessor = Landlord owner Lessee: Tenant Demise - transfer possession rights to Tenant |
| Demise | Transfer of possession rights to tenant |
| Leasehold Estate | Personal - nationally. Real - in Georgia |
| Estate for Years | Has beginning and end. Notice is required. |
| Periodic Tenancy | Month-to-Month Notice is required |
| Tenancy at Will | Not always in writing but person has permission. Not always monetary obligation. Notice is required. |
| Tenancy at Sufferance | Tenants stops paying rent |
| Tenant Stops Paying Rent | Tenancy at Sufference |
| Dispossessory | Eviction |
| Eviction | Dispossessory |
| Writ of Execution | Court Order to Evict |
| Court Order to Evict | Writ of Execution |
| Suit to Partion | I want out! |
| Tenancy in Common | Unequal/Undivided |
| Co-Operative | Multi-Owner Property Owned in Severalty - by corporation |
| Cooperative | Multi-owner Property owned in Severalty |
| Cooperative | Multi-Owner Property with no deed |
| Personal Property | What kind of property is Co-operative |
| Priority Lease | Allows you to occupy Co-operative |
| Co-operative | If foreclosed everyone is out |
| Co-operative | Tenants Own Stock |
| Condominium | Multi-Owner Property Fee Simple |
| Condominium | Fee Simple Multi Owner Property |
| Common Areas of Condominium | commons areas are shared by as tenants in common in this type of property |
| Condominium | Financing may be difficult (# of renters, $ in reserve, delinquent HOA fees |
| Timeshare | Multi Owner Property Fee Simple You get a deed |
| Timeshare | Get with Deed |
| Fee Simple | Freehold Estate |
| No definite ending period. Lifetime. Ownership | Freehold Estate |
| Fee Simple | Freehold estate with most rights Lifetime - no ending date. Iheritable |
| Co-operative is what kind of | Leasehold Estate |
| Who pays mortgage/taxes on Co-op | The corporation does |
| Condominium | Fee Simple - Tile to each Unit |
| Condominium | Common Areas owned Tenants In Common |
| Condominium | Multi Unit you pay own taxes and insurance |
| Condominium | Multiunit you pay HOA |
| Master Deed or Declaration | Recorded. Creates condominium under state laws. |
| Master Deed or Declaration | Recorded. Creates condominium under state laws. |
| Quiet Title Suit | The type of lawsuit used if there is a need to present before a Judge to determine who should get property in adverse possession |
| Quiet Title Suit | Law suit enforced by court. Filed to transfer title. Puts cloud on title. Makes property unmarketable, lowers value. |
| Mil rate in Georgia | 40% |
| How Mil rate is established | By location...how much money is needed...divided up |
| Assessment Taxes | Paid on land only. |
| Ad Volorum | Tax charged on the value of land |
| Mil tax rate | .001 |
| Tax Bill | Assesses Value x Mil rate = |