Property Ownership Flashcards
(39 cards)
What is bundle of rights
Rights that come with property ownership
What is an interest
A privilege or legal share
What does bundle of rights explain
What’s involved in owning property and how many parties can have an interest in the property
What is the fullest possible title to real estate
Fee simple absolute.
What is real property
All things attached to the land and all rights inherit
Involves things that are immovable. Such as homes and buildings.
What does real Estate mean
Real = things that are immovable
Estate = has to do with duration of ownership
What is personal property
Involves anything that is movable
Also know as chattels
What is severance?
Changing an item from real property to personal by detaching it from land
What is annexation
Attaching personal property to real property and this creates a fixture.
What is a fixture
Personal property that becomes real property like a chandeliers.
What is a trade fixture
Piece of equipment on or attached to the real estate This can be removed
Example : display case used by a clothing store
What is appurtenance
Something which belongs to something else, can be attached or not it is part of the property like a barn
Encroachment
When a structure or improvement one a person’s land physically intrudes on land of another like a fence that crosses property line
Riparian rights
Allow owner to use water from moving water
Littoral rights
Property next to an ocean sea or lake
Use and enjoyment of the shore.
Freehold estates
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
Fee simple absolute
Type of ownership can’t be claimed by previous owner or heirs. Not free from encumbrances
Greatest interest that you can own
What does absolute mean
Complete and unrestricted
Fee simple defeasible
Created when grantor puts a condition on a fee simple Estate.
If condition is broken estate could be lost
Life estate
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
Less then Freehold estate
Estate held by someone who rents or leases property
3 types : estate for years, periodic tenancy, estate at sufferance
Estate for years (leasehold estate)
Leasehold interest in land for a fixed period of time also known as tenancy
What is periodic tenancy
Tenancy not bound to a lease, with a fixed period.
Can be month to month, week to week
How does a periodic tenancy differ from an estate for years?
It is not bound to a lease with a fixed period; it renews automatically for a set period (e.g., month-to-month).