chap 4 Flashcards
Fee Simple Determinable –
An estate that will end automatically when the stated event or condition occurs. The interest will revert to the grantor or the heirs of the grantor.
Fee Simple on Condition
– A defeasible fee (title), recognizable by words ‘but if’.
Life Estate –
A freehold estate created for the duration of the life or lives of certain named persons; a non-inheritable estate.
Grantor –
A person who conveys title to real property by deed.
Leasehold Estate –
Non-freehold estate; of limited duration, providing the right of possession and control but not title.
Estate in Reversion –
Property or estate ownership that reverts back to the grantor after a temporary ownership period.
Estate in Remainder –.
An estate which vests after the termination of the prior estate
Estate for Years –
A leasehold estate for any specific period of time. An estate for years is not automatically renewed.
Periodic Tenancy –
A lease that automatically renews for successive periods unless terminated by either party; also called estate from year to year.
Estate at Will –
A leasehold estate that may be terminated at the desire of either party.
Estate at Sufferance –
Continuing to occupy property after lawful authorization has expired; a form of leasehold estate.
Lease –
A contract whereby, for a consideration, usually termed rent, one who is entitled to the possession of real property transfers such rights to another for life, for a term of years, or at will.
Lessor
– One who rents property to another under a lease.
Lessee –
A person to whom property is rented under a lease.
Covenants –
Agreements written into deeds and other instruments promising performance or nonperformance of certain acts, or stipulating certain uses or non-uses of the property.
Constructive Eviction –
Any disturbance of the tenant’s possession of the leased premises by the landlord whereby the premises are rendered unfit or unsuitable for the purpose for which they were leased.
Tort Liability –
A legal obligation of one party to a victim as a result of a civil wrong or injury.
Eviction –
A legal proceeding by a lessor landlord to recover possession of real property.
Joint Tenancy
- Undivided ownership of a property interest by two or more persons each of whom has a right to an equal share in the interest and a right of survivorship, i.e., the right to share equally with other surviving joint tenants in the interest of a deceased joint tenant.
Tenancy in Common
– An ownership of realty by two or more persons, each of whom has an undivided interest, without the “right of survivorship”.