Chapter 7 Flashcards Preview

Construction Basics > Chapter 7 > Flashcards

Flashcards in Chapter 7 Deck (18):
1

What is the difference between a mortgagor and mortgagee?

Mortgagor is the borrower giving mortgage to the mortgagee (bank)

2

What is Article 12A?

Real Estate License Law which is part of the NYS Real Property Law

3

What is HO4?

Home Owner's Insurance for Renters

4

What is Real Property?

Real Estate (physical; air & subsurface) + Rights of Ownership

5

What are the Bundle of Legal Rights?

- Possession (have keys, access, can use it)
- Quiet Enjoyment (can use w/o disturbance, noise, danger)
- Disposition ("dispose" RE, give it away, sell, rent it, etc)
- Exclusion (no trespassing)
- Control (build, farm, drill, mine, etc)

DEEPC - Please Quit Eating Candy Daily

6

What is the difference between freehold and leasehold?

Freehold= own
Leasehold = lease

7

What is DEEPC - Please Quit Eating Candy Daily?

- Disposition
- Quiet Enjoyment
- Exclusion
- Possession
- Control

- Possession
- Quiet Enjoyment
- Exclusion
- Control
- Dispostion

8

Which rights are freehold?

Possession, Quiet Enjoyment, Exclusion, Control, Disposition

9

What rights are leasehold?

Possession, Quiet Enjoyment, Exclusion

10

Which rights aren't leasehold?

Control, Disposition

11

What right is included in leasehold?
- Exclusion
- Encroachment
- Escheat
- Encumbrance

* Exclusion (no trespassing)


- Encroachment = trespassing by a thing (tree, fence)
- Escheat = when someone dies and there is no will and no heirs, NYS takes RE
- Encumbrance = something that complicates title and makes the RE hard to sell (tax needs, violations)

12

What is title?

The idea of ownership

13

What is a common encumbrance?

Lean (debt)

14

What are rights that go with real property?

Appurtenances

15

What are appurtenances?

Rights that go with real property

16

What are the differences between riparian and littoral rights?

Riparian (rivers/streams/creeks) = right to use water going somewhere. If unnavigable, riparian is split in the middle. If navigable, property owner owns lands edge of water.

Littoral (lakes, seas, gulfs) = right to use water sitting there. Owned up to the mean high water mark.

17

What is percolating water?

underground (aquifer)

18

What are the 4 forces of nature that affect land ownership?

- Erosion (slowly lose land overtime)
- Accretion (slowly gain land from water deposits - alluvion or alluvium)
- Avulsion (sudden violent loss of land by flowing water)
- Reliction (water recedes exposing more land)