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Managing Broker > PROPERTY DISCLOSURES > Flashcards

PROPERTY DISCLOSURES Flashcards

1
Q

Written history of property

A

ABSTRACT

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2
Q

Gradual Build up of soil; person gains title to added land built up on property

A

ACCRETION

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3
Q

Occurs when a document, such as a deed, is signed by the seller in the presence of a notary public, acknowledging that this is a voluntary act

A

ACKNOWLEDGE

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4
Q

A situation where a person has actual or personal knowledge of a transaction, etc.

A

ACTUAL NOTICE

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5
Q

Based on value

A

AD VALOREM

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6
Q

Court appointed person to oversee estate distribution of deceased; only applies when one dies intestate (without a valid will)

A

ADMINISTRATOR

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7
Q

Squatters Rights; can gain title by using someone elses property continuously, openly and notoriously (without permission) for a certain period of time

A

ADVERSE POSSESSION

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8
Q

In a real estate context, this relates to the word transfer; e.g., in a mortgage, an alienation clause allows the lender to call the loan due and payable if a property is sold or transferred, in other words, making the loan non-assumable

A

ALIENATION

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9
Q

A right, privilege or improvement that is permanently attached to the land

A

APPURTENANCE

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10
Q

A type of easement that runs with the land - tied to a particular property - given for the benefit of the particular land, e.g., shared driveway

A

APPURTENANT EASEMENT

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11
Q

A type of insulation wrapped around pipes that could be cancer causing. The best way to remedy is to encapsulate, i.e., seal the asbestos.

A

ASBESTOS

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12
Q

Sudden transfer; e.g., stream changing channel. With an avulsion, the boundary lines for a property remain the same as they were before the sudden change.

A

AVULSION

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13
Q

A type of deed transferring title from a seller to a buyer where the only promise made by the seller is the covenant of seizing (seller promises ownership of the property and the right to sell)

A

BARGAIN AND SALE DEED

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14
Q

Transfer of personal property through a will

A

BEQUEST

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15
Q

A commercial site where the possibility of environmental contamination exists

A

BROWNFIELD

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16
Q

An area separating two incompatible areas

A

BUFFER ZONE

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17
Q

Comprehensive Environmental Response, Compensation and Liability Act. A federal law which prohibits the dumping of hazardous waste on property.

A

CERCLA

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18
Q

List of recorded documents

A

CHAIN OF TITLE

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19
Q

Another word for personal property; comes from the word “cattle”

A

CHATTEL

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20
Q

Any claim that impairs title; e.g. forged signatures or no signatures on deed, heirs of prior owner claiming title, etc.

A

CLOUD ON THE TITLE

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21
Q

Refers to a squatter`s rights to ownership once time period has been met

A

COLOR OF TITLE

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22
Q

Property acquired during marriage; spouses have equal interest in property

A

COMMUNITY PROPERTY

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23
Q

Where two or more own property together at the same time

A

CONCURRENT ESTATES

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24
Q

The PROCESS used to take the property when the government exercises the right of Eminent Domain.

A

CONDEMNATION

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25
Q

Property deeded with conditions; e.g., must be used as a school. Also referred to as a defeasible fee

A

CONDITIONAL FEE

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26
Q

A multi-unit building where the occupants each own their individual units and receive a deed granting ownership of the property

A

CONDOMINIUM

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27
Q

An item of value; one must have consideration to have a valid deed or contract

A

CONSIDERATION

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28
Q

Occurs when a document is recorded on the public record at the county courthouse; a person is responsible for knowing facts because of recording on the public record

A

CONSTRUCTIVE NOTICE

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29
Q

A multi-unit building where the people who occupy the units own stock in a corporation, thereby receiving a right to lease the unit from the cooperative itself

A

COOPERATIVE

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30
Q

A life estate interest a husband receives in property upon wife`s death, regardless of debts owned on the property

A

CURTESY

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31
Q

Voluntarily giving land to government; typically done by a developer

A

DEDICATION

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32
Q

Property deeded with conditions; e.g., must be used as a school. Also referred to as a conditional fee

A

DEFEASIBLE FEE

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33
Q

Title is transferred from seller to buyer when the deed is delivered and accepted

A

DELIVERY AND ACCEPTANCE

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34
Q

A transfer of rights in real property through a lease

A

DEMISE

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35
Q

Occurs when one dies intestate; probate judge then determines who receives the property of the deceased, such as children, parents, other family members, etc. In essence, judge determines who property descends or goes to

A

DESCENT

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36
Q

Improves the lots

A

DEVELOPER

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37
Q

Transfer of real property through a will

A

DEVISE

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38
Q

Receiver of real property through a will

A

DEVISEE

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39
Q

Land benefited or in favor of the easement

A

DOMINANT TENEMENT

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40
Q

A life estate interest a wife receives in property upon husband`s death, regardless of debts owned on the property

A

DOWER

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41
Q

Going from a more active use to a less active use; e.g., multi-family to single family

A

DOWNZONING

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42
Q

Gives someone else the right to use a part of your property while you still retain the ownership rights

A

EASEMENT

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43
Q

Using someone else`s property continuously, openly and notoriously for a certain period of time - the adverse user then gains an easement to use that land

A

EASEMENT BY PRESCRIPTION

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44
Q

A type of easement not tied to any land but instead that is owned by a person or company, e.g., utilities, railroads

A

EASEMENT IN GROSS

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45
Q

Growing crops in the field; allows the seller to come back and harvest after the sale

A

EMBLEMENTS

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46
Q

The RIGHT of the government to take private property for public good. The property owner is paid compensation for the property.

A

EMINENT DOMAIN

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47
Q

Trespassing; an improvement or appurtenance that extends across the property line; e.g., fences, tree limbs, etc.

A

ENCROACHMENT

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48
Q

Something that burdens or limits your title to a property, such as a lien or deed restriction (or) rights held by someone else in your property, such as through an easement

A

ENCUMBRANCE

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49
Q

Gradual wearing away of soil; owner loses title to land eroded away

A

EROSION

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50
Q

The right of the government to take private property when an owner dies intestate (no will) and has no heirs; also applies if owner abandons the property

A

ESCHEAT

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51
Q

The degree, quantity, nature and extent of ownership interest in real property.

A

ESTATE

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52
Q

A lease with a definite beginning and ending date

A

ESTATE FOR YEARS

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53
Q

A life estate whereby the property goes to a third party (named by the grantor) when the grantee (life tenant) dies

A

ESTATE IN REMAINDER

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54
Q

A life estate whereby the property reverts back to the grantor when the grantee (life tenant) dies

A

ESTATE IN REVERSION

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55
Q

A clause in a deed that lists any encumbrances the buyer is subject to; many times, referred to simply as the reservations clause

A

EXCEPTIONS AND RESERVATIONS CLAUSE

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56
Q

One named in will to carry out will

A

EXECUTOR

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57
Q

Type of deed used by the executor to transfer property to those named in will

A

EXECUTOR`S DEED

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58
Q

A title insurance policy that may cover more things than a standard policy, such as unrecorded liens, etc.

A

EXTENDED POLICY

59
Q

The maximum rights one can have in owning real estate; also called fee simple absolute.

A

FEE SIMPLE

60
Q

Going from personal to real property; item that was once personal property but is now attached

A

FIXTURE

61
Q

What we usually think of as OWNERSHIP. There is no definite ending date and it is for at least a lifetime.

A

FREEHOLD ESTATES

62
Q

A promise made by the seller in a general warranty deed assuring the buyer that the seller will provide or sign documents in the future if necessary to help prove buyer`s title

A

FURTHER ASSURANCE

63
Q

Tax on land plus improvements; pays for school, police and fire protection, etc.

A

GENERAL ASSESSMENT

64
Q

A lien that applies to all of one`s property, real and personal

A

GENERAL LIEN

65
Q

The instrument used to transfer title from a seller to a buyer whereby seller gives buyer greatest protection; seller promises the covenant of seizin, quiet enjoyment, against encumbrances, further assurance and warranty forever

A

GENERAL WARRANTY DEED

66
Q

The person receiving title to real property; typically the buyer

A

GRANTEE

67
Q

Words of conveyance in a deed; using property wording and verbiage in a deed

A

GRANTING CLAUSE

68
Q

The person transferring title to real property; the seller

A

GRANTOR

69
Q

In a deed, contains just these words: “To have and to hold”

A

HABENDUM

70
Q

A law that protects a family`s home from creditors; does not apply to real estate taxes or home mortgage

A

HOMESTEAD

71
Q

A lien for non-payment of income tax to the IRS (Internal Revenue Service)

A

INCOME TAX LIEN

72
Q

Dying without a valid will

A

INTESTATE

73
Q

A form of ownership where two or more parties own property together; carries the right of survivorship (when an owner dies, the ownership interest goes to the surviving owners, not the heirs of the deceased)

A

JOINT TENANCY

74
Q

A lien for personal debts; covers all real and personal property

A

JUDGMENT LIEN

75
Q

A spot on the earth that goes down to the center of the earth and up to infinity

A

LAND

76
Q

A federal law concerning lead based paint mandating the following disclosures prior to contract obligation for residential properties built prior to 1978: 1) buyers being given a pamphlet concerning lead based paint, 2) sellers disclosure to buyers of any known lead based paint on property and 3) buyers being given a 10 day inspection period regarding lead based paint.

A

LEAD BASED PAINT LAW

77
Q

What we usually think of as RENTING or LEASING. It is for a definite period of time, i.e., a limited duration.

A

LEASEHOLD ESTATES

78
Q

Receiver of lease (tenant)

A

LESSEE

79
Q

Giver of lease (landlord)

A

LESSOR

80
Q

Personal permission to use someone else`s property; does not encumber title as an easement does

A

LICENSE

81
Q

A money encumbrance against a property

A

LIENS

82
Q

A property that is deeded to someone for their life or the life of another

A

LIFE ESTATES

83
Q

Latin for “pending litigation or action”

A

LIS PENDENS

84
Q

Property bordering a lake or ocean

A

LITTORAL

85
Q

Plan for a cities future growth

A

MASTER LAND PLAN

86
Q

A lien designed for people who make improvements on property and are wrongfully not paid; e.g., contractors, sub-contractors and material vendors who are not paid for work performed or materials supplied

A

MECHANIC`S LIEN

87
Q

A fungus that tends to grow in moist areas; very common in areas of high humidity or in properties that are too air-tight

A

MOLD

88
Q

A voluntary lien where one uses property as security for a loan

A

MORTGAGE LIEN

89
Q

(lender) A title insurance policy covering a lender for the outstanding loan balance

A

MORTGAGEE`S POLICY

90
Q

Before zoning; similar to a grandfather clause; allows continued use of a property that is technically in violation of the current zoning law because the owner was using the property a certain way before the zoning change. Property can be sold as non-conforming use if buyer uses it the same as the seller had; however, if property burns down, generally property then must conform to the new, current zoning use.

A

NON-CONFORMING USE

91
Q

Without permission (hostile); this is a requirement for a person claiming rights to a property either through adverse possession or an easement by prescription

A

NOTORIOUS

92
Q

A situation where two structures share the same wall; e.g., a duplex

A

PARTY WALL

93
Q

A lease that runs from period to period; e.g., a month-to-month lease

A

PERIODIC TENANCY

94
Q

Anything that is easily movable; e.g., camera, grill, etc.

A

PERSONAL PROPERTY

95
Q

(PUD) Diverse uses of land in one area; requires special zoning (referred to as overlay, cluster or density zoning)

A

PLANNED UNIT DEVELOPMENT

96
Q

Keeping things in order; e.g., zoning and building codes fall under police power

A

POLICE POWER

97
Q

A special court for handling estates upon one`s death. Court determines who gets what property and in what amounts if the deceased died intestate (without a valid will)

A

PROBATE COURT

98
Q

A lien for non-payment of real estate taxes; this always takes priority getting paid off at a foreclosure sale

A

PROPERTY TAX LIEN

99
Q

(for anothers life) A life estate where the grantee owns a property based on someone elses life

A

PUR AUTRE VIE

100
Q

A promise assuring no third party claims; e.g., in a lease, a tenant receives the right of quiet enjoyment from a landlord, thus relieving tenant from having to worry about another party claiming rights to that same space

A

QUIET ENJOYMENT

101
Q

Court action to clear a cloudy title; e.g., ownership disputes, adverse possession claims, encroachments, etc.

A

QUIET TITLE SUIT

102
Q

A type of deed transferring title from a seller to a buyer where NO promises are made by the seller. The seller says IF I own it, but I`m not saying I do, I give you whatever rights I MAY have. This deed is typically used to quiet cloudy titles.

A

QUITCLAIM DEED

103
Q

Naturally decaying radioactive gases in the ground that can infiltrate built structures, such as houses; can be cancer causing

A

RADON GAS

104
Q

Government regulations relating to subdivisions; e.g., most cities require streets, sewers, easements, etc.

A

REGULATIONS

105
Q

Third party who receives fee simple title upon death of the grantee (life tenant)

A

REMAINDERMAN

106
Q

A form of life estate where the seller sells the property but retains (reserves) a life estate interest in that same property for the seller`s lifetime

A

RESERVATION

107
Q

A private agreement contained in a deed that restricts the use of a property; e.g., certain types of fences or roofs required. Also referred to as restrictive covenants or deed restrictions.

A

RESTRICTIONS

108
Q

A private agreement contained in a deed that restricts the use of a property; e.g., certain types of fences or roofs required. Also referred to as deed restrictions

A

RESTRICTIVE COVENANTS

109
Q

Upon expiration of a lease, the property goes back to original lessor (landlord); also, a life estate in reversion is where once a grantee (life tenant) dies, the property goes back to original grantor

A

REVERSION

110
Q

Found in joint tenancy, when one owner dies, the ownership interest passes to the surviving owners

A

RIGHT OF SURVIVORSHIP

111
Q

Property bordering a flowing waterway; e.g., river or stream

A

RIPARIAN

112
Q

A title insurance clause stating that certain items are excluded from coverage; e.g., government regulations such as zoning

A

SCHEDULE OF EXCEPTIONS

113
Q

Seized of title; A term where seller promises ownership of property and has the right to sell

A

SEIZIN

114
Q

Property acquired before marriage; individual spouses retain sole ownership interest

A

SEPARATE PROPERTY

115
Q

Land burdened by the easement

A

SERVIENT TENEMENT

116
Q

A situation where one person only owns the property; also, how corporations take title

A

SEVERALTY

117
Q

Going from real to personal property; e.g., cutting down a tree

A

SEVERANCE

118
Q

Transfers property to buyer at foreclosure sale; e.g. for non-payment of mortgage

A

SHERIFF`S DEED

119
Q

Property tax for improvements that benefit certain properties; e.g., sewers and sidewalks

A

SPECIAL ASSESSMENT

120
Q

A type of deed transferring title from a seller to a buyer. However, the seller only makes promises regarding ownership, encumbrances, etc. during the time period in which the seller owned the property, no promises before that.

A

SPECIAL WARRANTY DEED

121
Q

A lien that applies only to one specific property

A

SPECIFIC LIEN

122
Q

Changing the zoning of one particular spot; normally for public good

A

SPOT ZONING

123
Q

A title insurance policy that covers forged documents, undisclosed heirs, etc.

A

STANDARD POLICY

124
Q

Divides land into lots for sale

A

SUBDIVIDER

125
Q

Signing over rights in a claim to a title insurance company in return for getting paid off

A

SUBROGATION

126
Q

A lawsuit where one of the owners institutes court action to force sale of property by all parties

A

SUIT TO PARTITION

127
Q

A public official who appraises property for tax purposes to determine only the assessed value.

A

TAX ASSESSOR

128
Q

Total of all assessed values

A

TAX BASE

129
Q

Transfers property to buyer at foreclosure sale for non-payment of taxes

A

TAX DEED

130
Q

A lease where the tenant stays over without permission; landlord suffers

A

TENANCY AT SUFFERANCE

131
Q

A lease where the tenant does have permission to occupy but nothing is in writing; e.g., a landlord continuing to accept rent from a tenant even after expiration of the original lease

A

TENANCY AT WILL

132
Q

Very similar to joint tenancy, with the difference being that the owners must be husband and wife

A

TENANCY BY THE ENTIRETIES

133
Q

An individual interest in group ownership; the ownership interest can be unequal, the parties all share possession, and the heirs of the deceased receive the property upon the death of one of the owners (ownership does NOT transfer to the other co-owners)

A

TENANCY IN COMMON

134
Q

Dying with a valid will

A

TESTATE

135
Q

Deceased person who had made a will

A

TESTATOR

136
Q

Fee simple ownership to a unit for a set period of time each year; interval ownership

A

TIME SHARING

137
Q

Insures the title to a particular piece of property

A

TITLE INSURANCE

138
Q

Item installed by a commercial tenant for business use; e.g. display cases

A

TRADE FIXTURES

139
Q

After zoning; this is a small deviation in the current zoning law that still conforms to the over all general plan for the area. Variances are generally granted for things like setback requirements, front footage requirements, etc.

A

VARIANCE

140
Q

A type of easement for viewing across another`s property

A

VIEW EASEMENT

141
Q

A promise made by the seller in a general warranty deed that says if the seller provides faulty title, the seller will return the purchase price money back to the buyer; in essence, a money back guaranty

A

WARRANTY FOREVER

142
Q

Difference between earth`s surface and percolating water

A

WATER TABLE

143
Q

A procedure where a sheriff seizes property and sells to satisfy a judgment

A

WRIT OF EXECUTION

144
Q

The regulation of structures and uses of property within designated areas

A

ZONING

Managing Broker (10 decks)

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