Chapter 8: Real Property Rights Flashcards Preview

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Flashcards in Chapter 8: Real Property Rights Deck (58):
1

_____ is physical, tangible, and immobile. It includes the earth's surface, subsurface, and air above the surface.

Real estate

2

_____ includes anything growing on the land, anything permanently attached, and all improvements.

Real estate

3

_____ includes real estate, plus legal rights to own or use the property.

Real property

4

Riparian rights are rights of an owner whose property borders on _____ water.

flowing: riparian = river

5

Littoral rights are rights of an owner whose property borders on _____ water.

non-flowing: littoral = lake

6

_____ is the loss of soil that is carried away by moving water.

Erosion

7

_____ is an increase in land area caused by the erosion of other areas.

Accretion

8

_____ soil is soil resulting from accretion.

Alluvion

9

_____ is a sudden loss of or addition to land, usually caused by violent flooding or changes in rivers.

Avulsion

10

Personal property can also be called _____ or _____.

personalty
chattels

11

A _____ is an item that was once personal property, but has since been installed and become part of the real estate.

fixture

12

The process of attaching fixtures to real estate is called _____, removing it would be _____.

attachment
severance

13

Courts use 4 tests to determine whether something is real or personal property (IRMA):
1. _____
2. _____
3. _____
4. _____

Intent of the parties
Relationship of the parties
Method of annexation (attachment)
Adaptation (necessary to the property?)

14

The bundle of rights to a property is referred to as _____.

title

15

_____ are items of personal property that have been attached to the property to perform a certain trade.

Trade fixtures

16

The "sticks" in the full bundle of rights to a property are:
1. _____
2. _____
3. _____
4. _____

Disposition
Use
Possession
Exclusion

17

A(n) _____ is an individual's rights in a property; an interest in a property that identifies the quality and quantity of rights held.

estate

18

A party entitled to rights in a property is a(n) _____. This includes property owners.

tenant

19

A _____ is an estate involving ownership. Anyone who owns real property has this.

freehold estate

20

In a(n) _____, the owner has the complete bundle of rights. Most desirable and most common.

fee simple estate

21

In which type of fee simple estate is there a sole owner?

Estate/tenancy in severalty
sever all ties = by yourself

22

In which type of fee simple estate do multiple people share an estate, and the estate is inheritable or may be left in a will?

estate/tenancy in common

23

In which type of fee simple estate do multiple people share an estate, and a right of survivorship applies (upon the death of a tenant, interest passes to the surviving tenants)?

Joint estate/tenancy

24

In a joint tenancy, if a tenant sells his/her interest, it is converted to a _____.

tenancy in common

25

In which type of fee simple estate does a marriage hold estate?

Tenancy/estate by the entireties

26

In an tenancy by the entireties, divorce converts the ownership to a _____.

tenancy in common

27

In a(n) _____, one person conveys ownership to another for the remainder of their lifetime.

life estate

28

In a life estate, the right to regain ownership to yourself or your heirs is called a _____.

reversion estate

29

In a life estate, if someone other than the original owner is to receive rights upon death the current owner, it's called a _____.

remainder estate

30

A remainderman who is certain to receive rights is called a _____.

vested remainderman

31

A remainderman who is uncertain to receive rights is called a _____.

contingent remainderman

32

A life tenant would have an estate in _____ whereas a remainderman would have an estate in _____.

possession
expectancy

33

An estate in which the tenant does NOT have ownership of the property is called a _____.

nonfreehold estate/tenancy

34

A tenancy _____ has no definite time limit and can be terminated at any time by the landlord or the tenant.

at will

35

A _____ or lease hold estate is a lease for a specific period of time.

tenancy/estate for years

36

A tenancy for years must be _____ by all parties and _____ by 2 people.

signed
witnessed

37

tenancy = _____

estate

38

In a ______, a tenant occupies real estate in the absence of any agreement, such as when a tenant "holds over" after lease expiration.

tenancy at suffrance

39

_____ provides that a surviving spouse receive 30% of the decedent's real and personal property owed at the time of death.

Elective share

40

Elective share is not automatic and must be filed within _____ months of the date of first public notice.

4

41

If someone dies without a will, they've died _____.

intestate

42

Without a will, a surviving spouse receives approximately _____ of the property after their spouse's death, with the remaining divided among all lineal descendants.

one half

43

A _____ is any property owned by the head of a household who resides therein.

homestead

44

Superior liens _____ cause forced foreclosure of a homestead property.

can

45

Homestead property can be sold at foreclosure for nonpayment of any lien except a _____ against the head of the household.

judgement lien

46

Homestead protection is limited to _____ acre(s) within municipalities, and _____ acre(s) outside of municipalities.

1/2
160

47

Upon the death of a married owner of a homestead property with children, the surviving spouse is entitled to a _____ and lineal descendants would become _____.

life estate
vested remaindermen

48

By law, a developers of condos must file a ______ to create a condo association and execute a _____ conveying title to the association.

declaration
master deed

49

Ownership of a condo includes _____ ownership of the common areas.

fractional

50

true/false: Ownership of a condo can be in any estate type in real property recognized by law.

true

51

New condo buyers are allowed a _____ rescission period. Resale condo buyers are allowed a _____ rescission period.

15 day
3 business day

52

Co-op owners buy shares of stock which in turn gives them a _____to the real property.

proprietary lease

53

A timeshare is a condo further subdivided into ______.

time periods

54

Timeshare owners who own in fee simple have a ______ with the other owners.

tenancy in common

55

Timeshare ownership is also known as _____ ownership.

interval

56

Timeshares can also be conveyed as _____, converting into a tenancy in common after X years.

tenancy for years

57

A _____ day cooling off period must be provided for the purchase of new timeshares during which the contract can be cancelled by giving written notice to the seller.

10

58

Salaried managers of condos, timeshares, and co-ops are required to have _____ licenses.

Community Association Manager (CAM)