Ch. 8 Property Rights: Estates, Tenancies, and Multiple Ownership Interests Flashcards
This chapter begins with a description of the physical components of real property. It goes on to discuss various types of estates and the rights that are included in each type of estate. It describes multiple ownership interests as well as special ownership interests, including the constitutional homestead. The chapter concludes with a thorough presentation of cooperatives, condominiums, and time-shares.
The parts of a multiple-ownership property not included in the units; those parts in which each unit owner holds an undivided interest.
common elements
Ownership by two or more persons at the same time, such as joint tenants, tenants by the entirety, or tenants in common.
concurrent ownership
A multiunit project consisting of individual ownership of a dwelling unit and undivided ownership of common areas.
condominium
1
condominium documents
A multiunit project consisting of individual dwelling units owned by the corporation in which the individual apartment tenants own stock rather than owning their respective units.
cooperative
1
declaration of condominium
An estate defined as consisting of 30 percent of the decedent’s personal property and Florida real property, except homestead-exempt property and claims.
elective share
A tenancy measured from a starting date to a termination date (may be for a few days or longer than any natural life: e.g., a leasehold is an estate for years).
estate for years
Ownership of property vested in one person alone, also known as sole ownership.
estate in severalty
The most comprehensive and complete interest one can hold in real property; freehold estate. Also known as fee or fee simple absolute.
fee simple estate
An object that was once considered to be personal property but has become real property becasue of attachment to, or use in, improvements to real property.
fixtures
A tenancy in real property with no set termination date that can be measured by the lifetime of an individual or can be inherited by heirs.
freehold estate
Term used to describe three separate but related situations: (1) a tax exemption, (2) a tract of land limited in size, and (3) a statutory condition designed to protect the interests of a spouse and lineal descendants.
homestead
An estate or interest owned by more than one person, each having equal rights to possession and enjoyment; the interest a deceased tenant conveys to surviving tenants by specific wording in the deed establishing the joint tenancy.
joint tenancy
The surface of the earth and everything attached to it by nature.
land
A tenancy in real property held under a lease arrangement for a denote number of years: nonfreehold.
leasehold estate
Tenancies whose duration are limited to the life of some person; freehold.
life estates
Legal rights related to land abutting an ocean, sea, or lake, usually extending to the high-water mark.
littoral rights
Real and personal property acquired during marriage.
marital assets
An estate in real property in which ownership is for a determinable time period, as in a lease.
nonfreehold estate
Tangible and movable property (transferred by bill of sale); property not classified as real property. Also known as personalty or chattel.
personal property
A written agreement between the owner-corporation and the tenant-stockholder in a cooperative apartment.
proprietary lease