Broker License Flashcards
Principal Meridian
N/S
Base Line
E/W
Acre
43,560
Mile
5280
Dominant easement
right to use
Servient easement
owns land being used
Easement appurtenant
rights attached to land
Easement in gross
assigned to individual or business
Abandoned easement
owner must take action to abandon
Easement merger
purchased property
Easement out of necessity
purpose of in and out
Accretion
land build up- water carries rock, sand soil
Alluvion
new deposits of land
Erosion
gradual loss of land
Avulsion
sudden loss of land, change in water flow
Reliction
water recedes, uncovers new land
Ownership in Severalty
Single ownership, no joint interest, estate passes according to will or law
Tenants in Common
-Co ownership
-inheritable, default arrangement if deed doesn’t specify,
-owners debt can attach
-termination by tenancy in severalty,
-each owner owns a partition
Joint Tenancy
Unity, time, title interest
owners debt attaches
right of survivorship
precedence over devisees in a will
co owners inherit
converts to estate in severalty when one owner left
Freehold estate
ownership can be inherited ad infinitum
specified by will or law
ordinary life estate
lasts till death
remainder man inherits
or revision or originator
Fee simple estate
no fixed duration
most rights conveyed
rights above, below
inheritable
probate process
Fee simple defeasible
buyer must meet certain conditions
subject to certain events or conditions
no judicial process
Fee simple subject to condition
specific condition
requires court process to revert
Fee simple absolute
no restrictions
Estate for years
specific date
mutual agreement
periodic estate
period to period renewal
ends automatically
estate at will
no established ending
termination by either party
estate at sufferance
tenant didn’t leave
Seisin
ownership/possession
MARIA
methodof attachment
adaptability
relationship of parties
intention in placing
agreement of parties
Economic Principals of Value
Demand
Utility
Scarcity
Transferability
Emblements
crops
Bundle of Rights
Possession- may possess
Controls- use
Exclusion- who is allowed on prop
Enjoyment- any legal use
Disposition- right to sell or convey
Land Characteristics
Metes and bounds
Lot and Block
Rect Govt Survey System
Metes and Bounds
Metes- boundary
Bounds- physical features
Point of beginning
Monuments to mark boundaries
Lot and Block
divide into lots
reference RGSS
RGSS
Townships and sections
Principal meridian- N/S
Base Line- E/W
Township 6 sq miles
640 acres= section
Physical Characteristics
Immobility
Indestructability- land doesn’t deteriorate
Uniqueness- can’t be replicated
Fed Fair Housing complaint
can file up to a year after incident
complaint will be reviewed
FHEO part of HUD
enforces federal fair housing laws
Protected classes
race, color, religion, sex, disability, familial status, national origin
Civil Rights Act 1866
Race or color protected
Title VIII
Fair Housing Act
Race, color, national origin and religion protected
Equal Credit Opportunity Act
Civil Rights Division
protects: race, color, religion, nat origin, sex, marital status, age
Respond in 30 days
Housing and Community Development Act 1974
sex
Fair Housing 1988
familial and disability
Housing for Older Persons 1995
age
Federal Fair Housing Violations
Redlining
Blockbusting
Steering
FTC
Protects consumers against false and misleading unfair ads
Present Warranties for Deeds
Covenant of seisin- holds title and possession of property
Right to convey- title and possession
No encumbrances
Future Warranties for Deeds
Quiet enjoyment- unrestricted
Further assurances- correct title defects
Warranty- protect and defend title
Special Warranty
protection only while grants lives there
Deed characteristics
writing
legal name
identify grantee
conveyance
consideration
legal description
limitations
habendum- rights and privileges
acknowledgement- notary, voluntarily signed
Bargain and Sale
tax foreclosure sale
Quitclaim
no warranties, clears simple cloud
Title
lenders policy offering protection of mortgage balances
Subrogation
pursuing a party causing loss on property
Title chain sequence
started with current
Marketable title
clear defects, best
Insurable Title
known defects, but efforts to clear have been made
Prorations
taxes
fuel
water
sewer
RESPA
LE within 3 days of loan application/ closing costs-
3 days before closing
RESPA change of 1/8% or more
new 3 day wait period
Indemnification Clause
one party will compensate other if any losses occur
General Deed
no encumbrances, liens, indemnification clause
special warranty deed
only guarantees occurrences during owner’s occupancy
datum and benchmarks
vertical measurement