Part 5 Flashcards
Forms of Property Ownership
Ownership by a single owner or single entity.
Ownership in severalty
1 of 3 ownership forms
A __________ is a legal entity composed of individuals conducting business as if they were a single person.
Corporation.
Ownership in severalty > Corporation
A corporation or trust that combines the capital of many investors to acquire or provide financing for all forms of real property is called what?
Real estate investment trust (REIT)
Ownership in severalty > Real estate investment trust (REIT)
A private or public partnership that pools funds for the acquisition and development of real estate projects or other business ventures is called what? They can also operate as a partnership, limited partnership, corporation, or a REIT.
Syndication.
Ownership in severalty > Syndication
When property is held by two or more individuals and is categorized into four types what is it called?
Co-ownership
1 of 3 ownership forms
Real estate may be owned by two or more people. Each owner possesses an undivided fractional interest in the property held under a ___________ __________ __________.
2a. The property is not physically divided.
2b. The ownership interest is divided, and the co-owners are entitled to possession of the whole property.
4b. Upon the death of a co-owner, the undivided interest passes in accordance to the will of that owner.
tenancy in common
Co-ownership > tenancy in common
Justin owns a property with three other people. When Justin dies, his interest will be passed according to his will and be part of his estate. In this property, Justin is a what?
Tenant in common.
Williams owns property with Campbell by tenancy in common. When Williams dies, her interest in the property will go to who?
her heirs or according to her will.
_______ _______ involves two or more people holding real estate but w/ right to survivorship. When a tenant dies under this co-ownership, the interests are passed to the other surviving tenant(s) and not to the heirs or according to a will.
Joint tenancy
Co-ownership > Joint tenancy
Joint tenancy has a right of survivorship feature shared with what other form of ownership?
tenancy by the entirety
Form of co-ownership for married couples in which each spouse has an equal, undivided interest in the property is called what? Husband and wife have rights of survivorship.
Tenancy by the entirety.
Co-ownership > tenancy by the entirety
What is it called when real estate is transferred to another person (called a fiduciary) to hold or manage for the benefit of a third party?
A trust.
1 of 3 ownership forms
An individual, couple, or organization who places the legal title of the property in a trust is called what?
Trustor
A third party who is legally responsible for managing assets or property for the benefit of another party is called what?
Trustee
Also known as a fiduciary
A person or group of people who are designated to receive benefits from a trust, such as the trust’s property, income, or other advantages is called what?
Beneficiary
Rick and Alice set up a living trust for their children involving a rental property they own. In this type of agreement, the children are legally referred to as the what?
Beneficiary.
The person has the responsibility for holding/managing the property in a trust.
Fiduciary
a.k.a. Trustee
The Acme Corporation set up a land trust in a property it owns and conveys it to a nonprofit organization for a specified period of time. What best identifies Acme’s position in the trust?
Acme is the trustor.
Owners of an individual ___________ unit hold a fee simple title
Condominium unit hold complete and irrevocable ownership of land and any buildings on it.
Condominium owners also hold an undivided interest in the remaining condominium real estate, known as ___________ __________ .
common elements.
Land
Community buildings
Swimming pools
Tennis courts
Boat slip for waterfront properties
Parking spaces
All describe which common elements?
Common elements outside the building.
Does not include public streets and sidewalks that give access to the condominium property
Lobby
Hallways
Elevators
Underground garage
Exercise room
Balconies
Laundry
Storage areas
All describe which common elements?
Common elements inside the building.
Under ___________ ____________ a corporation actually owns the real estate and individuals own shares of stock in the corporation.
cooperative ownership
Purchasing a cooperative unit means you are buying what?
shares of stock.