Ch 4 - Forms Of Ownership Flashcards
The right someone has to have the first opportunity to either purchase or lease real property
Right of first refusal
A legal way to dissolve a co-ownership when the parties do not voluntarily agree to its termination
Right of partition
During the owners lives, title can be conveyed only by a deed signed by both parties. What is this principle called?
Unity or partition
When an estate in land is held by one person or a single legal entity; referred to as an estate in severalty or tenancy in severalty
Sole ownership
Allows the remaining joint tenants to receive the interest of the deceased tenant
Right of survivorship
A joining together of two or more people or firms in order to make and operate a real estate investment; not a legal entity
Syndicate
Often called horizontal property acts or strata title acts
Condominium laws
What is real estate ownership by a corporation?
Ownership in severalty
True or false:
As a legal entity, a corporation exists in perpetuity until it is formally dissolved
True
True or false:
The deed creating tenancy in common must state the fractional interest held by each co-owner
False - it may or may not state fractional interest
Under a typical cooperative arrangement, title to land and building is held by…
a corporation
True or false:
Joint tenancy cannot be implied or created by operation of law
True
True or false:
A tendency by their entirety can be created by operation of law
False - it is held by a corporation
Establishes the legality of the limited partnership form and also provides that realty may be held in the partnership name
Uniform partnership act
True or false:
Title to real estate can also be held in a trust
True
True or false:
Stock does not count as personal property
False
What are the two kinds of partnerships?
General partnership and limited partnership
Under a typical cooperative arrangement, who holds title to land and building?
Corporation
A married couple owns as tenants by entireties and gets divorced. Because they both still own interest they would automatically become tenants in common. What is this an example of?
Changing tenancy
What are the three types of co-ownership?
- tenancy in common
- joint tenancy
- tenancy by entirety
JEC - joint, common, entirety
What are the four unities required to create a joint tenancy?
Unity of... Possession Interest Time Title
Unity of PITTs
The purchaser of stock becomes a stockholder of the corporation and, by virtue of that stock ownership, receives a _________ To his or her apartment for the life of the corporation
Proprietary lease
Joint ventures are characterized by a __________ Resulting from the fact that the joint venturers do not intend to establish a permanent relationship
Time limitation
What do all of these have in common:
- The owners must be husband and wife
- The owners have rights of survivorship
- during the owners lives, title can be conveyed only by a deed signed by both parties
- there is generally no right to partition
All characteristics of Tenancy by the entirety