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Real Estate

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Term
Definition
Appraisal   the process of developing an opinion of a property's value. Done by an appraiser.  
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Property Management   a person or company hired to maintain and manage a property for the owner.  
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Home inspection   shows the results of a thorough survey of the observable property condition.  
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6 Types of property   Residential, commercial, mixed-use, industrial, special purpose, agricultural  
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Descrimination   Prohibited by law. FRESH CORN  
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Parts of FRESH CORN   Family status Race Ethnicity Sex Handicap (AIDS, HIV, Service animal) Color Origin Religion Nationality  
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supply   affected by labor force material costs government controls ( restrictions, codes) Interest rates  
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demand   affected by population demographics employment and wage levels  
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Broker   person of company licenses to buy, sell, exchange or lease property  
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salesperson   employed by the broker to perform activities on their behalf  
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7 Types of Housing   single family apartment condo cooperative planned unit development (planned mater community) ex LC converted use property ( warehouse to condo) factory built housing - mobile or modular home  
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Physical Characteristics of Land   Immobility, Uniqueness, Indestructability  
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Rights of property owners Bundle of Rights (DEEP-C)   DEEP-C Disposition - sell, will, transfer Enjoyment exclusion possession Control  
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3 Parts of Land   surface, subsurface, air  
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Examples of mineral rights   oil, coal, gas  
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Riparian rights   right to use river, stream, flowing bodies water  
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littoral rights   right to use lake, sea, ocean  
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accretion   increase in land sue to deposition  
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Avulsion   sudden removal of land due to natural disaster  
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Personal Property   movable property , transferred by bill of sale  
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Real Property   not movable, transferred by deed  
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Chattle   types of personal property - chairs, tables, etc  
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annexation   How personal property becomes real property. when it's attached to the property,  
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emblements   crops that require annual cultivation or harvesting also knows as fructus industriales  
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fructus industriales   crops that require annual cultivation or harvesting same as emblements  
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fructus naturales   trees and bushes - don't require harvesting  
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Legal tests of Fixtures   MARIA Method of annexation - how movable is it Adaptability of the item for the land's ordinary use Relationship pf the parties - tenant /landlord, buyer/seller Intention of the person in placing the item on the land Agreement of parties  
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trace fixture   attached to a rented space and used by a business  
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title   used to show ownership of a property  
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appurtenance   a right or privileged associated with real property that's transferred with the sale - parking space, easement, water rights  
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mobile homes - personal or real property?   personal if pin is in real if pin is out  
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estate in land   the owner's interest in real property  
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freehold estate   lasts for an indeterminable amount of time - lifetime or forever  
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fee simple estate or fee simple absolute   highest interest in real estate Upon death it passes to: co-owner person specified in will if not will ten by the state - probate  
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fee simple determinable estate   a fee simple estate that may be inherited Has a special limitation - so long as, while, during If limitation is violated it reverts to heir or successor No legal action required considered a "future interest" in the estate  
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fee simple subject to condition subsequent   owner gives real estate on the condition of ownership. If they violate the condition the owner or heir has right to reentry with a court order. considered a "future interest" in the estate  
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Fee simple defeasible estate   a fee estate that is subject to occurances or nonoccurance of an event. 2 types: fee simple determinable, fee simple subject to condition subsequent  
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life estate   a freehold estate limited in duration to the life of the holder or another person  
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Pur Autre Vie   a life estate based on the life of another person ex - brother's children's life  
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remainder interest   the person the creator of the life estate names to get the property when they pass (remainderman)  
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reverstionary interst   creator of the life estate may not name anyone so the property reverts to the original owner  
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legal life estate   created by state law  
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homestead   legal life estate where property is used as the family home protects the occupant from creditors exemption if you are 65 Disabled or blind give a 5500 credit  
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encumbrances   an interest in real estate from someone other than the owner. ex- lien, easement  
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lien   charge against the owner for a debt  
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CCR   Covenants, conditions, and restrictions lists rules for subdivsions  
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easement   right to use the land of another for a purpose  
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easement appurtenant   allows the owner to use the neighbor's land ex - driveway transfer with the sale of the land  
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dominant tenement   the person the benefits from the easement  
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servient tenement   the person who's land is used  
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easement in gross   company uses someone's land ex - railroad, utility  
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easement by necessity   when land has no access from the road Court Order needed  
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easement by prescription   when someone has used another's land for a period prescribed by law (10-21 years).  
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conditions to terminate an easement   no longer needed sole ownership- through a buy out abandonment nonuse - years  
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license   a personal privilege to enter land for a specific reason. If it's given orally it is considered a license rather than an easement ex - fishing on someones land  
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encroachment   when something extends beyond the boundaries of the land ex - Gary's brother's fence  
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Lis pendens   a notice filed in public record of pending legal action ex- beginning stages of forclosure  
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Governmental Powers   PETE Police power Eminent domain Taxation Echeat  
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PETE 1 Examples of Police Power   DHEC enforcing EPA laws, zoning ordinances, building codes  
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PETE 2 Eminent Domain   the right of the government to acquire privately owned land for public use ex- extend roads  
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Condemnation   when the government exercises the right of eminent domain through judicial or administrative proceedings  
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taking   5th Amendment right - land owner must be compensated when govt takes land through condemnation  
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Inverse condemnation   action taken by property owner seeking compensation for land that is adjacent to land being used for public use when it lowers their property's value  
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PETE 3 Taxation   charge on real estate to raise funds for the government ex- property tax for schools tax on profit on sale of real estate special fee for roads Failure to pay taxes results in a lien  
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PETE 4 Echeat   Ownership of property transfers to the state when a person dies and has no heirs.  
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Severance   How real property becomes personal property  
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situs   location, location, location  
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