Terms & Formulas Flashcards
(102 cards)
Easement
The right to use another’s land for a stated purpose. It can be perpetual or have a time limit. An easement is a nonpossessory (incorporeal) interest in land and property conveying use, but not ownership, of a portion of that property.
Easement in Gross
An easement that benefits a legal person or entity (individual, corporation, partnership, LLC, government entity, etc.) and not a particular tract of land; an easement having a servient easement but no dominant estate. An example of an easement in gross is a utility easement that runs along a highway. It benefits all the property owners equally. Therefore, usually no adjustments are required.
Easement appurtenant
An easement that is attached to, benefits, and passes with the transfer of the dominant estate; runs with the land for the benefit of the dominant estate and continues to burden the servient estate, although such an estate may be transferred to new owners. For example, Smith has a property that fronts along a highway. Jones owns the property behind and has a right of way to access the highway over the property of Smith. Jones (who owns the property in the rear) has the dominant interest and gains a benefit over the property of Smith (who then has the servient estate).
An affirmative easement is defined as
The right to perform a specific act on a property owned by another.
A negative easement is defined as
An easement preventing a property owner from certain, otherwise permitted, uses of his or her land, e.g., agreeing not to do something such as building a wall or fence blocking an adjoining property’s view.
Right of Way (ROW)
A right to pass over land in some particular path; a strip of land used for transportation such as streets and roads, railways, utility lines, and for other private or public transportation uses. Rights of way also can be used for maintenance purposes, or to facilitate installation of electric and cable lines, pipelines and so forth. ROW easements may be acquired by private parties or public (governmental or quasi-governmental) entities.
Ingress/Egress
For appraisal purposes, these terms describe how people and vehicles get onto and off of a property, such as via driveways and walkways. “Ingress” describes the access onto a property. “Egress” describes the access off or out of a property.
Encroachment
Trespassing on the domain of another. For appraisal purposes, “encroachment” describes an improvement to real property that trespasses over the property line onto an adjoining property. It is usually something that occurred without the granting of an easement, right of way, license, or permission. Common examples include fences, sheds and outbuildings, driveways and paving, and in extreme examples, all or part of the principal building.
Riparian Rights
A water right that, under common law, grants a landowner the ownership of waters that share a border with the parcel owned or that flows across the land. For appraisal purposes, riparian rights can be adversely affected when another party impacts the water on the subject property or when the subject property does something to adversely affect the water on another property. This can include changing the normal runoff from rain and snow.
Littoral rights
The right of an owner of land abutting a body of water such as a lake, pond, or ocean to use and enjoy, but not alter, the shoreline.
Navigable waters are defined as
Fresh or salt waters that, alone or with other waters, form a continuous waterway over which commerce may be conducted. Navigable waters are owned and controlled by either the state or federal government. Specifically, navigable waters of the United States are defined as: Waters that are subject to the ebb and flow of the tide shoreward to the mean high water mark; waters that are, have been, or can be used in transporting interstate or foreign commerce. Therefore, if you owned land that fronted directly on the Pacific Ocean or the Mississippi River, you would own only the land above the mean high water mark. The government would own the land that lies below the high water mark and under the water itself. The public has the right to use the water for enjoyment and commerce. With non-navigable waters, owners of properties that adjoin the water typically own the land under the water up to the center of the lake, pond, or stream. Generally, owners with riparian or littoral water rights have unlimited rights to use the water adjoining their property - but they cannot divert or interrupt the flow of water (as an example, for irrigation purposes).
Beneficial Useis defined as
- The right to the use and enjoyment of property when legal title is held by another. 2.In water rights, the doctrine that holds that the water resources of the state must be put to their most beneficial use. In some states, this doctrine supersedes the doctrine of riparian rights.
Gross Lease
A gross lease is “A lease in which the landlord receives stipulated rent and is obligated to pay all of the property’s operating and fixed expenses; also called full-service lease.”
Net Lease
This is defined as “A lease in which the landlord passes on all expenses to the tenant.” Often the terms net lease, net/net lease or net/net /net lease are used. These terms indicate the extent to which the tenant and landlord are dividing the expenses of utilities, taxes and insurance.
Flat Rental Lease
This is defined as “A lease with a specified level of rent that continues throughout the lease term.” This is the easy kind, such as a two-year lease at $500.00 per month or $6,000 annually.In periods of stability, this is the most common type of lease. However, because the rental amount is locked in and the economy can change, many landlords keep flat rental leases for short-term situations.
Revaluation lease
The definition is “A lease that provides for periodic rent adjustments based on the market rental rate of the space”. Revaluation leases are usually long term but also may be cast as a series of short-term leases with renewal options. The renewals, if exercised, would be at the rate indicated by a revaluation at the time of renewal. If the parties cannot agree as to the terms, it may require additional appraisals or arbitration.
Escalator Lease
An escalator lease is “A lease that requires the lessor to pay expenses for the first year and the lessee to pay any necessary increases in expenses as additional rent over the subsequent years of the lease.” This is a sweetheart deal for landlords. They are guaranteed the same return each year, no matter what happens with tax rates or the cost of gas, oil, or electricity.
Percentage Lease
This type of lease is defined as “A lease in which the rent or some portion of the rent represents a specified percentage of the volume of business, productivity, or use achieved by the tenant.” They are typically used for retail properties, where the tenant might be a supermarket or department store. A straight percentage lease may have no minimum rent but most include a guaranteed minimum rent and an overage rent.
Graduated rental leases
This type of lease is defined as “A lease that provides for specified changes in rent at one or more points during the lease term, e.g., step-up and step-down leases, or leases with a set percentage adjustment.” A step-up lease allows a landlord to anticipate increasing future expenses to be offset by a corresponding increase in future income. It works great if your crystal ball is working clearly the day the lease is executed. The step-up lease may also be advantageous to the tenant as it allows lower payments in the beginning while a business is being established. It also just makes common sense. We said on the first page of the seminar that there is a relationship between income and value. Property values are usually expected to increase and higher values should be reflected in higher rents. Step-down leases are less common but may be employed in a situation where there are unusual situations such as the expected likelihood of reduced tenant appeal in the future, because of economic conditions or location factors. They also may be employed to account for the fact that the landlord put in extensive improvements to the property, prior to the tenant occupancy, and that expense will be recaptured during the beginning years of the lease.
Index Lease
An index lease is defined as “A lease, usually for a long term, that provides for periodic rent adjustments based on the change in an economic index.” The consumer price index (CPI) is most often the index to which the lease is tied but it could be any recognized index.
Client
The party or parties (i.e., individual, group, or entity) who engage an appraiser by employment or contract in a specific assignment, whether directly or through an agent.
Date of the Report
The date that the appraiser completed and transmitted the appraisal report to the client. It is usually - but not always - different from the effective date of value stated in the appraisal report.
Effective Date of Value
The date to which the value applies. It can be current, prospective, or retrospective. The effective date of value establishes the viewpoint from which the appraiser viewed the appraisal problem.
Intended Use
The use(s) of an appraiser’s reported appraisal or appraisal review assignment results, as identified by the appraiser based on communication with the client at the time of the assignment.