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Real Estate
| Term | Definition |
|---|---|
| In a description of property using a recorded plat, the smallest unit of measurement in a subdivision is | A lot |
| The method of legal description of property which uses a reference to a subdivision map is call a description by | recorded plat |
| Plat of real property which are used as legal descriptions are usually generated by the | developer or subdivider |
| In a description of property using a recorded plat, the largest unit of measurement in a subdivision is a | block |
| Any object used to identify a corner of a parcel of land is called | monument |
| What is commonly referred to as a "survey" is one type of ________description | metes and bounds |
| A precisely identified location which serves as a reference point for starting a land survey is called a | permanent reference marker |
| Permanent reference markers are placed using measures of | latitude and longitude |
| A metes and bounds description always starts at a | point of beginning |
| The government rectangular survey system is based on the use of ______and________ | principal meridians, base lines |
| In the government rectangular survey system, principal meridians are | longitude lines |
| In the government rectangular survey system, base lines are | latitude lines |
| In the government rectangular survey system, each side of a township measures | 6 miles |
| In the governement rectangular survey system, the largest unit of measurement is the | township |
| The area of a township is | 36 square miles |
| 1 acre= _______ft X_______ft | 209 X 209 |
| 1 acre=______feet square | 209 |
| 1 acre=_______square feet | 43,560 |
| 1 mile=_____feet | 5,280 |
| 1 mile=_______rods | 320 |
| 1 rod=_____feet | 16.5 |
| An agreement between two legally competent parties is a | contract |
| A contract that specifies that something NOT be done is called a contract for | forbearance |
| A verbal contract is called a ______ contract | parol |
| A contract in which the parties specifically state their intent to enter into an agreement is called a ______contract | expressed |
| A contract which is either written or oral is a _______contract | expressed |
| A contract which is created by the acts of the parties is called a ______contract | implied |
| A contract which is neither written nor oral is a _______contract | implied |
| A contract that meets all the requirements of the law is called a _______contract | valid |
| A contract that will stand up in court is | valid and enforceable |
| An unenforceable contract is often a contract that is | oral |
| A contract that does not meet legal requirements and is not binding on either party is | void |
| A contract that is binding on only one party is | voidable |
| A contract which can be rescinded by one party is | voidable |
| A contract that is voidable but has not yet been rescinded is | valid |
| A contract in which both parties promise to give up something is a ______contract | bilateral |
| A real estate sales contract is a ________contract | bilateral |
| A real estate sales contract is an _______contract | expressed |
| A contract in which only one party promises to give up something is called a _______contract | unilateral |
| A sales bonus offered to a salespersons by a company is a ______contract | expressed |
| A sales bonus offered to a salespersons by a company is a ______contract | unilateral |
| A contract for which all requirements have been fulfilled and the parties have done what they agreed to do is called a ______contract | executed |
| A real estate sales contract which has been closed is a _______contract | executed |
| A contract for which some or all requirements have not yet been completed is a ______contract | executory |
| A real estate sales contract which has not closed yet is a _____contract | executory |
| The word to use to remember the requirements for a valid contract is _____ | CALL |
| The "C" in CALL stands for | consideration |
| The "A" in CALL stands for | agreement |
| The "L's" in CALL stand for | legal objective and legally competent parties |
| In a home sale, the seller promises to give his home to the buyer and the buyer promises to give him money. This is known as | consideration |
| In a real estate contract the consideration given by the buyer is a promise of | the purchase price |
| A promise to deliver a service is called | consideration |
| Anything that has monetary value when promised in a contract is called _________ consideration | valuable |
| Something of worth promised in a contract that doesn't have a monetary value is called ______ consideration | good |
| Love, affection, and good will are examples of _______consideration | good |
| A requirement for a valid contract known as mutual agreement is also called a | meeting of the minds |
| Offer and acceptance are required in order to have | mutual agreement |
| The party who makes an offer is called the | offeror |
| The party to whom an offer is made is called the | offeree |
| The last requirement in the process of offer and acceptance is | communication of acceptance |
| When an offeree rejects an offer and becomes an offeror, the immediate result is a | counteroffer |
| When a counteroffer is made, the original offer is | terminated |
| In reaching an agreement through the process of offer and acceptance, the seller can be | either offeror or offeree |
| Once an offer is made, it can be withdrawn | until acceptance is communicated |
| An act intended to deceive someone in order to get him/her to give up something of value is called | fraud |
| Intentionally withholding relevant information about real property from a buyer is | fraud |
| When fraud occurs, the injured party has the option to | rescind the contract |
| The giving of incorrect information without the intent to deceive is called | innocent misrepresentation |
| In the case of innocent misrepresentation, the buyer has the option to | rescind the contract |
| An error in the facts of a transaction that occurs mutually by both parties is called | mistake |
| In the case of a mistake in material fact resulting in no mutual agreement, the contract is | void |
| Forcing someone to do something against his/her will in the execution of a contract is called | duress |
| Taking advantage of someone in the execution of a contract is called | undue influence |
| If a contract is signed under duress or undue influence, the resulting contract is | voidable |
| A contract which does not have a legal objective is | void |
| If a minor buys real property, the resulting contract is | voidable |
| If a minor appoints someone to sell real property, the resulting contract is | void |
| A contract made by a person who was intoxicated is typically | voidable |
| Contracts made by persons already declared incompetent are | void |
| If a person signs a contract and is later judged to have been incompetent at the time of the signing, the contract is | voidable |
| Someone who is appointed to act on behalf of someone else in a specific act is called | attorney-in-fact |
| A contract entered into by a corporation is | valid |
| The sum of all facts on which ownership is founded is called | Title |
| A summary of all instruments affecting title and all encumbrances affecting the property is called | abstract of title |
| Title is established by evaluating a | abstract of title |
| A title which is free of reasonable doubt as to ownership is a | marketable title |
| The record of ownership transactions that connects the present owner to the original source of title is the | chain of title |
| Since the enactment of the Statute of Frauds in England in 1677, the transfer of ownership of real property has been shown through the use of | written deeds |
| Eliminating doubt about who holds the most current title to a property is the primary reason for | public records |
| In order to inspect the public records to determine ownership of property you must | go to the courthouse where they are kept |
| The presumption that anyone interested in acquiring a parcel of property will inspect the property and check the public records is part of | constructive notice |
| The two requirements for giving constructive notice of land ownership are physical occupation of the property and or | public recording |
| According to law, if an interested party wants to determine ownership of property, he/she should inspect the public records and | look to see who occupies it |
| Notice based on what you have seen, hear, read, or observed is called | actual notice |
| Instruments affecting title are recorded in the jurisdiction in which | the land is located |
| Records on property ownership are usually maintained at the ______ or ______level of government | county or city |
| When are records of property ownership kept at the state level? | never |
| The purpose of recording deeds is to give | constructive notice |
| Public recording of documents pertaining to land ownership is | optional, but a good idea |
| The system of registered land titles that establishes title in one document is the | Torrens System |
| The Torrens System proves title with | one document |
| The first step in establishing a Torrens Land Title is | file for a quiet title action |
| The status and condition of a title under the Torrens System is determined by | the courts |
| The name(s) entered on the Torrents Title certificate include | the current owner only |
| In Georgia, the Torrens System is | legal but rarely used |
| Any encumbrances to a title under the Torrens System must be entered | on the certificate of title |
| Acquiring property under the Torrens System requires | a title certificate |
| An insurance policy which protects the insured against a loss which might be sustained by a defective title, or any liens or encumbrances, is called | title insurance |
| The two most common types of title insurance policies are ______and ________title insurance | owner, mortgagee |
| Most title insurance policies which are issued cover losses to the | mortgage company |
| The type of title insurance who coverage decreases as the mortgage is paid down is called _______title insurance | mortgagee's |
| An owner's title insurance policy remains in effect only as long as the ______has an interest in the property | owner or his/her heirs |
| A mortgagee's title insurance always terminates when | the mortgage is paid off |
| In a contract the transfer of one's interest to another person is called | assignment |
| An executory contract may be assigned | unless prohibited in the contract |
| A contract can be assigned when | executory only |
| The person who assigns his/her interest in a contract is called the | assignor |
| The person to whom an interst in a contract is assigned is the | assignee |
| Once an assignment is made, the person primarily responsible for performance under the contract is the | assignee |
| Once an assignment is made, the person ultimately responsible for performance under the contract is the | assignor |
| Once an assignment of a contract is made, the assignor has ________ responsibility for performance | ultimate |
| The substitution of a new contract which terminates and replaces an existing contract is called | novation |
| When a new contract is introduced through novation, the old contract | terminates |
| When a home buyer assumes an existing loan and the lender releases the original borrower, it is called | novation |
| If a party to a valid real estate contract dies while the contract is executory, the contract | is enforceable on the deceased party's estate |
| If a party to a valid real estate contract becomes bankrupt while the contract is executory, the contract | terminates |
| The disposition of an executory contract when real property involved in a sales contract is destroyed is governed by the | Uniform Vendor and Purchaser Risk Act |
| If a property is destroyed before the title or possession has passed, the buyer is | not obligated to go through with the sale |
| Whether or not real estate contracts must be written to be enforceable is governed by the | Statue of Frauds |
| The two types of oral real estate contracts that are both valid and enforceable are open listings and | leases of one year or less |
| The two types of oral real estate contracts that are both valid and enforceable are leases of one year or less and | open listings |
| An oral open listing is | valid and enforceable |
| An oral lease for less than one year is | valid and enforceable |
| The two types of real estate contracts that are valid but not enforceable are sales contracts and | leases longer than one year |
| The two types of real estate contracts that are valid but not enforceable are leases longer than one year and | sales contracts |
| An oral lease for more than one year is | valid but not enforceable |
| An oral sales contract is | valid but not enforceable |
| An oral exclusive listing is | neither valid nor enforceable |
| An oral option contract is | neither valid nor enforceable |
| An oral mortgage is | neither valid nor enforceable |
| An oral deed is | neither valid nor enforceable |
| A written instrument which transfers ownership interests in real property during the lifetime of the owner is called a | deed |
| The Statute of Frauds requires that all deeds be | written |
| The Statute of Frauds requires that all deeds be | signed by the grantor |
| The act of transferring ownership with a deed is called a | grant |
| The party who transfers a deed is known as the | grantor |
| The party to whom the title is transferred is known as the | grantee |
| To have a valid deed, the grantor in most states must be | of legal age and sound mind |
| To have a valid deed in most states, the grantee must be | of sound mind only |
| The consideration required by a valid deed can be | good or valuable |
| The words "grant" or "convey" in a deed signify the intent of the grantor to convey title and are called | words of conveyance |
| Another name for the words of conveyance in a deed is the | granting clause |
| Who must sign a deed to make it valid? | The grantor only |
| A valid deed must name the | grantor and grantee |
| An otherwise valid deed accepted by a grantee using a fictitious name is | valid |
| If a deed is in possession of the grantee, it is presumed to be | delivered |
| If a deed is recorded, it is presumed to be | delivered and accepted |
| To be valid, a deed must be delivered during | the grantor's lifetime |
| The person who delivers a deed to make it valid is the | grantor |
| The habendum clause in a deed is | optional |
| Warranties as to title status are provided by ______ in the deed | covenants |
| Warranties in a deed affect the | certainty that the title is sound |
| The type of deed which provides the greatest warranty as to title status is the | general warranty deed |
| The deed covenant that states that the grantor owns the property and has the right to convey it is the covenant of | seizin |
| The deed covenant that warrants against encumbrances not stated in the deed is called the covenant | against encumbrances |
| The deed covenant which warrants that grantee's ownership will not be challenged by the claims of others is called the covenant of | quiet enjoyment |
| The deed covenant which obligates the grantor to perform any acts necessary to protect the title conveyed is called the covenant of | further assistance |
| The deed covenant which assures that the grantor will bear the expense of defending the title against the claims of others is called the covenant | of further assistance |
| The type of deed which warrants only against encumbrances by the grantor is the _______deed | special warranty |
| The special warranty deed contains only one warranty, the covenant | against encumbrances |
| The deed often used by an agent of a principal, such as a trustee or executor of a will, is the ______deed | special warranty |
| The type of deed which contains an implied interest in property but no warranty as to title status is the __________deed | bargain and sale |
| The type of deed which contains no warranty as to title is the _______deed | quitclaim |
| A quitclaim deed can be used to convey | any interest in real property |
| The type of deed commonly used to clear up a cloud on a title is the | quitclaim deed |
| Different types of deeds convey different amounts of | warranty |
| Different types of estates convey different amounts of | title |
| In most states, a deed must be acknowledged in order to be | recorded |
| A deed which is acknowledged by not recorded is | valid |
| In order to be admissible for public recording, a deed must usually be | acknowledged |
| The only person who can acknowledge a deed is the | grantor |
| The declaration that the person signing the deed is the grantor named in the deed is the | acknowledgement |
| The rules of real property transfer by inheritance are governed by | state law |
| When a person dies and leaves a valid will, the death is said to be | testate |
| When a person dies but does not leave a valid will the death is said to be | intestate |
| A person who dies is called the | decedent |
| If a decedent leaves a valid will, he/she is called the | testator |
| A gift of real property in a will is known as a | devise |
| A decedent who conveys real property in a will is known as the | devisor |
| The recipient of real property in a will is known as the | devisee |
| A bequest is a gift of _________property in a will | personal |
| A legacy is a gift of __________property in a will | personal |
| When there is an intestate death, the heirs are known as | distributees |
| the distribution of an intestate decedent's estate is governed by state laws called laws of | succession |
| The laws of succession are also known as the laws of | descent |
| If no heirs are found in an intestate death, the property | escheats to the state |
| The person appointed to administer the estate of a testate decedent is called the | executor |
| The person appointed to administer the estate of an intestate decedent is called the | administrator |
| The process of obtaining title to property by occupying it against the owner's will is called | adverse possession |
| The word used to remember the requirements for obtaining title by adverse possession is | ECHO |
| The "E" in ECHO stands for | Exclusive |
| The "C" in ECHO stands for | Continuous |
| The "H" in ECHO stands for | Hostile |
| The "O" in ECHO stands for | Open |
| In GA acquiring property by adverse possession requires occupying the property for | 20 years |
| In GA if you occupy property for 20 years and meet the four "ECHO" requirements, you acquire | legal title |
| In order to obtain marketable title to property acquired through adverse possession, you may have to | quiet title in court |
| When property is acquired through adverse possession, a quiet title suit may be required to obtain | marketable title |
| A plausible, but not clear cut, claim held by an adverse claimant to property occupied by adverse possession is called | color of title |
| An adverse claimant's likelihood of gaining legal title to property through adverse possession is increased if he/she has color of title or | pays the property taxes |
| The right of a successor to assume the rights of a prior adverse occupant is known as | tacking |
| The owner of land occupied by an adverse claimant may PREVENT losing the property by evicting the adverse claimant or | giving him/her permission to occupy |
| The process of gaining title to additional land through an act of nature is called | accretion |
| The name for soil gradually deposited by the action of water is called | alluvion |
| The gradual receding of a lake, sea, or river that exposes dry land is called | reliction |
| The two types of accretion are deposit of alluvion and | reliction |
| The two methods by which land is lost through acts of nature are erosion and | avulsion |
| The gradual washing away of soil by the action of water is called | erosion |
| The sudden and rapid washing away of land by the action of water is called | avulsion |
| The "rights of ownership" is the definition of | property |
| The rights of ownership of property are often referred to as the | bundle of rights |
| Land and all that is permanently attached to it is called | real property |
| The system in which individuals can own land for their own lifetime but cannot pass it on to heirs is the _______system | feudal |
| The system in which individuals can own land for their own lifetime as well as pass it on to heirs is the _______system | allodial |
| The degree, quantity, nature, and extent of one's interest in land is called _________ | estate in land |
| The two types of estates in land are ________estates and estates _________ | freehold, less than freehold |
| An interest in land which is held for a lifetime or longer is called a | freehold estate |
| An interest in land which is held for less than a lifetime is called a | estate less than freehold |
| An estate less than freehold is _______ property | personal |
| The government's right to take land for the public good is called | eminent domain |
| The process used to acquire property under the right of eminent domain is called | condemnation |
| Zoning restrictions and building codes are enabled by the government's right of | police power |
| An item of personal property that is permanently attached to real property is usually considered | a fixture |
| An item of personal property may become a fixture by | attachment, adaptation, agreement |
| A trade fixture is considered | personal property |
| Personal property is conveyed by means of a | bill of sale |
| Real property is conveyed by means of a | deed |
| Trees and uncultivated vegetation are called | fructus naturales |
| Fructus naturales are considered _______property | real |
| Plants that are cultivated annually are called | fructus industriales |
| Fructus industriales are considered | personal property |
| Emblements are the same thing as | fructus industriales |
| Emblements are considered | personal property |
| Crops such as corn and wheat are examples of | emblements |
| A right, privilege or improvement associated with land is called a | appurtenance |
| An appurtenance | runs with the land |
| Rights associated with ownership of land adjoining a flowing body of water are called | riparian rights |
| Rights associated with ownership of land adjoining a stationary body of water are called | littoral rights |
| Under riparian rights, an owner of land adjoining a navigable body of flowing water owns land to the | low water mark |
| Under riparian rights, an owner of land adjoining an unnavigable body of flowing water owns land to the | middle of the waterway |
| An item of chattel is | personal property |
| An item of personal property which is movable and not associated with real property is called | chattel personal |
| An item of personal property which is not movable or is associated with real property is called | chattel real |
| Leases and options are examples of | chattel real |
| A freehold estate which is inheritable is a _______estate | fee |
| A fee estate is one type of _________estate | freehold |
| An estate which is limited only by the government's rights is called a _______estate | fee simple |
| The least restricted form of ownership is a _______estate | fee simple |
| A fee estate which is subject to limitations other than the government's rights is called a _________estate | qualified fee |
| Another name for a qualified fee estate is a _________estate | defeasible fee |
| The main type of qualified fee estate is called a _______estate | fee simple determinable |
| A fee estate which will terminate if a condition stated in the deed comes into being or is terminated is called a ________estate | fee simple determinable |
| A freehold estate which is not normally inheritable is called a ____estate | life |
| A life estate is one type of _______estate | freehold |
| A person who holds a life estate is known as a | life tenant |
| All life estates originate from and return to a ______estate | fee |
| When a life estate is granted, the grantor's interest in the property is a _________estate | fee |
| In a life estate pur autre vie, the duration of the life estate is based on the | life of a third party |
| A life estate pur autre vie is | inheritable |
| Ownership of a life estate in reversion reverts to the | grantor |
| Ownership of a life estate in remainder reverts to the | remainderman |
| A wife's right to receive a share of her husband's property upon his death is called a _______estate | dower |
| A husband's interest in property owned by his wife at the time of her death is called a ______estate | curtesy |
| The provision of a life estate to a widow or widower in some states is called | homestead protection |
| in a regular life estate, the duration of the estate is based on the | life of the grantee |
| The two types of estates in land are called | freehold estates and estates less than freehold |
| Freehold estate means ownership, estate less than freehold means | rental |
| Another name for an estate less than freehold is _____estate | leasehold |
| Estates less than freehold are considered to be _______property | personal |
| The holder of an estate less than freehold is called the | lessee |
| The landlord in an estate less than freehold is called the | lessor |
| During the life of an estate less than freehold, the landlord is said to hold a | reversion interest |
| The landlord's right to regain possession at the end of a lease is called a | reversion interest |
| A leasehold estate that has a specific starting and ending date is called a | estate for years |
| The duration of an estate for years | can be any length |
| A lease which is automatically renewed for a period equal to the initial lease duration is called | periodic estate |
| Another name for a periodic estate is | estate from year-to-year |
| A month-to-month apartment lease is an example of a | periodic estate |
| A lease which may be terminated by either party at any time is called a | estate at will |
| Another name for an estate at will is a | tenancy at will |
| In GA, to terminate an estate at will, the length of notice required by the landlord is | 60 days |
| When a tenant remains in possession of leased property beyond his/ her legal tenancy and against the owner's will, it is called | tenancy at sufferance |
| When a tenant remains in possession of leased property beyond his/her legal tenancy with the owner's permission, it is called | tenancy at will |
| Two basic forms of ownership are called sole ownership and ______ownership | concurrent |
| Ownership by one person is called estate in | severalty |
| In concurrent ownership, the co-owners hold title to | an undivided interest in the property |
| A joint tenancy can be held by | any two or more people |
| The feature of concurrent ownership which provides that when any owner dies, his/her interest automatically goes to the remaining co-owners is called | survivorship |
| Survivorship means that one's interest in property owned concurrently is | not inheritable |
| The form of concurrent ownership which requires the four unities of possession, interest, time, and title is | joint tenancy |
| The "unity" which requires that concurrent tenants must hold an undivided interest in the property owned is called the unity of | possession |
| The "unity" which requires that concurrent tenants must have equal degrees of ownership is called the unity of | interest |
| The "unity" which requires that concurrent tenants must acquire their interest at the same time is called the unity of | time |
| The "unity" which requires that concurrent tenants must acquire their interest in the same way in the form of a single title is called the unity of | title |
| Which form of concurrent ownership requires that title be acquired by all tenants at the same time? | joint tenancy |
| A helpful way to remember the five major characteristics of joint tenancy is to use the acronym | PITTS |
| The only "unity" required by tenancy in common is unity of | possession |
| Form of concurrent ownership where the tenants hold SEPARATE title to an undivided interest | tenancy in common |
| If a specific form of concurrent ownership is not specified, it is presumed to be a | tenancy in common |
| The form of concurrent ownership based on the concept that each spouse has an equal interest in property acquired during the marriage is called | community property |
| the form of concurrent ownership limited to spouses is | tenancy by the entirety |
| Concurrent ownership can be separated by the process known as | partition |
| "Partition in kind" refers to separating concurrent ownership by | subdividing the property |
| When "partition in kind" is not possible, concurrently held property may be partitioned by | selling the property |
| In GA the forms of concurrent ownership which are recognized are joint tenancy and | tenancy in common |
| Corporations may hold title to property | in severalty or as tenants in comoon |
| Corporations may hold concurrent title to property only as | tenants in common |
| The right to use or enjoy the property of another is called a | easement |
| An easement which requires both a dominant and servient estate is a | easement appurtenant |
| In an easement appurtenant, the holder of the easement is the owner of the | dominant estate |
| In an easement appurtenant, the easement is granted by the owner of the | servient estate |
| An easement appurtenant "runs with the land." This means it becomes a permanent part of | the dominant estate |
| In an easement appurtenant, if the dominant estate is sold, the easement | remains in effect |
| An easement which affects only one property is called a | easement in gross |
| In an easement in gross, there is only one property involved, called the ______estate | servient |
| An easement in gross held by a public utility company is called a | commercial easement |
| If a property which has a commercial easement in gross is sold, the easement | remains in effect |
| An easement in gross held by an individual is a | personal easement |
| If a property which has a personal easement in gross is sold, the easement | terminates |
| An easement in which two owners have an easement in half a wall on each other's property is called a | party wall easement |
| If an easement is created by a written agreement between a landowner and easement holder, it is called | private grant |
| Creation of an easement by continuous, uninterrupted, hostile possession is called | prescription |
| Acquisition of property by continuous, uninterrupted, hostile possession is called | adverse possession |
| Acquisition of an easement by the governement or public utility under its power of eminent domain is called | condemnation |
| When a landowner reserves or retains for himself/herself an easement in a deed which conveys title to another party, it is called | reservation |
| When a seller grants an easement to prevent the buyer from becoming landlocked, it is called easement by | necessity |
| One way to remember the 5 ways of creating an easement is to use the word | POPCORN |
| The "P"s in POPCORN stand for prescription and | private grant |
| The "C"s in POPCORN stand for | condemnation |
| The "R"s in POPCORN stand for | Reserveration |
| The "N"s in POPCORN stand for | Necessity |
| The acronym "POPCORN" is used to remember | how easements are made |
| Is it required that an easement be put in writing? | no |
| When a quitclaim deed is used to terminate an easement, it is called termination by | release |
| When an easement is terminated because the holder of the easement failed to use it, it is called termination by | abandonment |
| When the need for an easement no longer exists, termination of the easement by the court is called termination by | vacation |
| When the dominant and servient estates come under one ownership, it is termination of an easement by | merger |
| When the end of a specified period of time for an easement is reached, the easement is terminated by | espiration |
| An unauthorized intrusion of a building, fixture, or other improvement to real property onto the land of another is a | encroachment |
| If an encroachment intrudes onto the land of another, it is called a | trespass |
| If an encroachment intrudes onto the air above another's land, it is called | nuisance |
| Encroachments may be discovered by | observation or survey |
| A monetary claim which one person has upon the property of another as security for a debt is called a | lien |
| A person who has a right of lien upon the property of another is called a | lienor |
| A person whose property is subject to a lien is called the | lienee |
| A lien which arises when a mortgage is used to finance a home is called a | mortgage lien |
| An ad valorem tax lien occurs when | ad valorem taxes are not paid |
| A special assessment tax lien occurs when | a special assessment tax is levied |
| Ad valorem and special assessment tax liens attach to | the real property that is taxed |
| Federal income tax liens attach to | all real and personal property of the lienee |
| A lien which can be filed by anyone who supplies labor or materials in the construction or repair of property is called a ______lien | mechanic's |
| A mechanic's lien attaches to | the real property on which the work was done |
| Notice of a claim against real property under a mechanic's lien | notice of lis pendens |
| A lien which results from a legal action in court is called a _____lien | judgment |
| A judgement lien attaches to | all real and personal property of the lienee |
| When a lawsuit results in a judgment lien, the sheriff is directed to sell the property of the lienee through a | writ of execution |
| After a judgment lien is awarded, a writ of execution results in a | sheriff's sale |
| The lien which arises when the proceeds from a foreclosure sale are insufficient to satisfy the outstanding indebtedness is called a ______lien | deficiency judgement |
| A deficiency judgement lien attaches to | all real and personal property of the lienee |
| Liens created by agreement of the parties are called _____liens | voluntary |
| Liens created by the operation of law are called ________liens | involuntary |
| Another name for an involuntary lien is a ______lien | statutory |
| A lien which attaches to all property owned by the lienee is called a _______lien | general |
| A lien which attaches only to a particular property identified in the lien is called a ____lien | specific |
| Another name for a specific lien is a _______lien | special |
| the legislation which establishes priority of liens in most states is called | race statutes |
| the type of lien which has priority over all others is a _____lien | property tax |
| Mechanic's liens take priority from the date | work began |
| To transfer a title encumbered by a lien, the lien must be | satisfied or assumed |
| A form of community ownership in which owners own both separate property and common property is a _______development | condominium |
| In a condominium development, each unity owner holds a fee interest in ______property | separate |
| In a condominium, the air space between the walls, floor and ceiling of a unit is called ________property | separate |
| The type of community ownership of property which can be used with almost any form of multiple-unit development is a ______development | condominium |
| Condominium developments are enabled by | state laws |
| Legislation enabling condominiums provides for subdividing real property into | air lots |
| The title to each unit in a condominium is derived from a ______deed | master |
| Self government in a condominium is accomplished through | the owners' association |
| An owner of a condominium becomes a member of the owners' association by | buying a unit |
| In a condominium development, taxes on common areas are paid by the | owners' association |
| In a condominium development, the funds for payment of taxes, maintenance costs, and insurance for common areas come from | association fees |
| The mortgagor on any loans for common areas in a condominium development is the | owners' association |
| In a condominium development, maintenance of common areas, insurance on the buildings and legal and management expenses are paid by the | owners' association |
| In a cooperative, the title to the land, building, and all improvements is held by | a not-for-profit corporation |
| In a cooperative, the individual unit occupants owns | no property |
| In a cooperative, someone becomes a unity occupant by | buying stock to obtain a proprieetary lease |
| In a cooperative, the mortgage payment is made by the | corporation |
| The rules for cooperative living in a coopeartive development are made by the | tenants' association |
| In general, the rules for cooperative living in a cooperative development compared to a condominium are | more stringent |
| A development which consists of individually owned, detached homes with community ownership of common areas is called a ______development | planned unit |
| The common areas in a planned unity development are often developed as | recreational areas |
| In a condominium, the common areas are owned by the | unit owners' association |
| In a PUD, the common areas are owned by the | community association |
| Planned unit developments are enable by | local zoning |
| The type of community ownership development which does not allow vertical stacking of units is the _______development | planned unit |
| A method of dividing up and selling a living unit for a specified period each year is called | timesharing |
| Timesharing is used almost exclusively for ______property | resort |
| In a timesharing development, the form of organization which gives the buyer only the use of the property for a specified period each year is called the ______format | right-to-use |
| In a timesharing development, the form of organization which gives the buyer ownership in a unity along with others is called the _______format | fee simple ownership |
| In a timesharing development, the form of organization which gives the buyer a membership in a club which owns the property is called the _______format | club plan |
| A lease is a contract which conveys the right to __________ real property | use or occupy |
| A valid lease can be | written or oral |
| An oral lease for 1 year or less is | valid and enforceable |
| An oral lease for more than 1 year is | valid but not enforceable |
| When real property is leased, the landlord is called the | lessor |
| When real property is leased, the tenant is called the | lessee |
| According to the GA Real Estate License Law, a leasehold interest in property is considered to be ______property | real |
| On the national portion of your licensing exam, you should consider a leasehold to be _______property | personal |
| On the state portion of your licensing exam, you should consider a leasehold interest to be _____property | real |
| The type of lease in which the tenant pays a fixed monthly rent and the landlord pays all expenses such as taxes, insurance, and maintenance out of the rent is a _______lease | gross |
| Type of lease in which the tenant pays a fixed monthly rent to the landlord and pays some of his/her own expenses such as taxes, insurance, and maintenance, is a _______lease | net |
| The type of lease in which the rent paid by the tenant inscludes a percentage of the gross sales of the business is called a _______lease | percentage |
| A type of lease in which the tenant pays a fixed rent for an initial period but the rent increases automatically by preset amounts is called a _________lease | graduated |
| Type of lease which contains a provision for future rent increases based on general increases in operating costs is called a _______lease | index |
| Provisions for increases in rent with an index lease are contained in a ________clause | escalator |
| A lease involving property which is sublet is called a _________lease | sandwich |
| In a sandwich lease, the sandwiched party is the | original lessee |
| The amount of rent the tenant must pay the landlord under the terms of their lease contract is called _________rent | contract |
| The amount of rent that could be obtained for a property on the open market if it were available is called _______rent | economic |
| When the landlord allows a situation to occur which makes it impossible for the tenant to enjoy the premises under the terms of the lease it is called _______eviction | constructive |
| The transfer of SOME of the rights and interest in leased property is called | subletting |
| Areas that may be subject to hazards, such as earthquakes or floods, are often designates as ________zones | special study |
| A test performed to determine the ability of soil to absorb water is called a | percolation test |
| Public land use controls are enacted to preserve property values and to | assure orderly pattern of growth |
| Private land use controls can be initiated through | deed restrictions |
| Deed restrictions are also called | restrictive covenants |
| The primary source of general revenues on which local governments operate normally is from ______taxes | ad valorem |
| "Ad valorem" means | according to valuation |
| The value of property as established for the purpose of determining taxes is called ______value | assessed |
| In GA, the assessed value of property is ______ of the market value of the property | 40% |
| The rate of taxation expressed as thousandths of a dollar is called the ____rate | mill |
| One mill is equal to one _______of one dollar | .001 (one thousandth) |
| One mill is equal to one _____of one cent | .1 (one tenth) |
| When real property is sold, the capital gain which is subject to taxation is the difference between the amount realized and the _______ of the property | adjusted basis |
| The amount realized for determining capital gains tax on real property is the selling price less the | costs of sale |
| For tax purposes, the purchase price of real property plus the cost of acquisition plus the cost of capital improvements is called the | adjusted basis |
| The words "grant" or "convey" in a deed signify the intent of the grantor to convey title and are called | words of conveyance |
| Another name for the words of conveyance in a deed is the | granting clause |
| A gift of real property in a will is known as a | devise |
| Any interest or estate in land, whether corporeal (tangible things affixed to land) incorporeal (easements), freehold or non-freehold. | Real Estate |
| means the Georgia Real Estate Commission which has the power and authority to pass rules and regulations relating to the professional conduct of licensees and the administration of the license law (Title 43, Chapter 40) | Commission |
| means the real estate commissioner--the executive officer hired by the Commission. | Commissioner |
| A form that would specify with whom a broker has a client relationship is called a | agency disclosure |
| The Georgia Real Estate Commission is created by the | license law |
| The Georgia Real Estate Commission is composed of ____ members | 6 |
| The 6th member of the GA Real Estate Commission must be | unlicensed |
| Members of the GA Real Estate commission are appointed by | the Governor |
| Someone who receives compensation from a principal for negotiating a contract or procuring prospects for buying, selling, or listing real property is a real estate | broker |
| Money received by a broker on behalf of others is deposited in an | escrow account |
| All exclusive listings must be in writing in Georgia. | . |
| The expiration date on an exclusive listing must be specified in the listing. | . |
| Failure to disclose one's license status in an ad is called a | blind ad |