Property Ownership Flashcards

(39 cards)

1
Q

What is bundle of rights

A

Rights that come with property ownership

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2
Q

What is an interest

A

A privilege or legal share

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3
Q

What does bundle of rights explain

A

What’s involved in owning property and how many parties can have an interest in the property

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4
Q

What is the fullest possible title to real estate

A

Fee simple absolute.

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5
Q

What is real property

A

All things attached to the land and all rights inherit

Involves things that are immovable. Such as homes and buildings.

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6
Q

What does real Estate mean

A

Real = things that are immovable
Estate = has to do with duration of ownership

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7
Q

What is personal property

A

Involves anything that is movable

Also know as chattels

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8
Q

What is severance?

A

Changing an item from real property to personal by detaching it from land

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9
Q

What is annexation

A

Attaching personal property to real property and this creates a fixture.

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10
Q

What is a fixture

A

Personal property that becomes real property like a chandeliers.

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11
Q

What is a trade fixture

A

Piece of equipment on or attached to the real estate This can be removed

Example : display case used by a clothing store

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12
Q

What is appurtenance

A

Something which belongs to something else, can be attached or not it is part of the property like a barn

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13
Q

Encroachment

A

When a structure or improvement one a person’s land physically intrudes on land of another like a fence that crosses property line

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14
Q

Riparian rights

A

Allow owner to use water from moving water

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15
Q

Littoral rights

A

Property next to an ocean sea or lake

Use and enjoyment of the shore.

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16
Q

Freehold estates

A

Where you have exclusive rights to enjoy possession of a property for an indefinite period of time

Includes fee simple absolute
Fee simple defeasible
Life estate

17
Q

Fee simple absolute

A

Type of ownership can’t be claimed by previous owner or heirs. Not free from encumbrances

Greatest interest that you can own

18
Q

What does absolute mean

A

Complete and unrestricted

19
Q

Fee simple defeasible

A

Created when grantor puts a condition on a fee simple Estate.

If condition is broken estate could be lost

20
Q

Life estate

A

Interest in Real property which lasts duration of one person’s lifetime

Can’t leave property to someone in their will

They can sell, mortgage or lease it

21
Q

Less then Freehold estate

A

Estate held by someone who rents or leases property

3 types : estate for years, periodic tenancy, estate at sufferance

22
Q

Estate for years (leasehold estate)

A

Leasehold interest in land for a fixed period of time also known as tenancy

23
Q

What is periodic tenancy

A

Tenancy not bound to a lease, with a fixed period.

Can be month to month, week to week

24
Q

How does a periodic tenancy differ from an estate for years?

A

It is not bound to a lease with a fixed period; it renews automatically for a set period (e.g., month-to-month).

25
What is an estate in sufferance?
When a tenant wrongfully holds on to a property after the lease has ended; also called a tenancy at sufferance.
26
What does "estate at will" mean?
A tenancy that can be ended at any time by either party.
27
In a lease, who is the lessor and who is the lessee?
The landlord is the lessor; the tenant is the lessee.
28
Are oral leases legally binding?
Yes, oral (spoken) leases can be binding.
29
What is a reversionary right?
The owner’s right to take back possession of the property after the lease expires.
30
Why is a lease considered a bilateral contract?
Both landlord and tenant have obligations.
31
Does death usually terminate a lease?
No; responsibilities may pass on to the heirs of the deceased.
32
How is a sublease different from an assignment
In a sublease, the original tenant leases the property to someone else but remains responsible to the landlord.
33
What does risk management involve for a property manager?
Judging whether insurance is needed to protect the owner and manager from certain risks.
34
what is gross lease
A rental agreement where the tenant pays a fixed amount regardless of property expense changes.
35
What is a percentage lease?
A lease where rent is based on a percentage of gross sales made on the premises; common in retail/shopping centers.
36
net lease
A lease where the tenant pays taxes, insurance, and maintenance in addition to rent.
37
What is a lease option?
A rental agreement giving the tenant the option to buy the property during or at the end of the lease term.
38
What is joint tenancy
Property Co ownership where 2 or more individuals own a property with equal rights, interests and ownership
39
What are the 4 unities of joint tenancy
Time, title interest and posession