Chapter 1-5 Review Flashcards

1
Q

USPAP defines an _________ as “one who is expected to perform valuation services competently and in a
manner that is independent, impartial, and objective.”

A

Appraiser

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2
Q

True or False: Evaluation service can be done by anybody.

A

True

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3
Q

True or False: Appraisal practice is NOT Specific to appraisers.

A

False

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4
Q

True or False: The appraisal process always begins with problem identification.

A

True

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5
Q

Who determines the scope of your work?

A

The appraiser

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6
Q

“the party or parties who ENGAGE, by employment or contract, an appraiser in a specific assignment, whether directly or through an agent.”

A

THE CLIENT

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7
Q

a valuation service, including performing an appraisal as well as other appraisal services, while in the role of an appraiser is an ________.

A

Appraisal practice

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8
Q

_________ is “information that is either identified by the client as confidential when providing it to an appraiser and that is not available from any other source; or classified as confidential or private by applicable law or regulation.”

A

Confidential information

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9
Q

True or False: An appraiser CANNOT disclose confidential information or assignment results to:

  • state appraiser regulatory agencies; or
  • third parties as may be authorized by due process of law;
A

False

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10
Q

_______ establishes these requirements:
1. the ability to properly identify the problem to be addressed;
2. the knowledge and experience to complete the assignment competently;

A

The COMPETENCY RULE

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11
Q

What are three major factors to an appraisors competency?

A

Knowledge of property type, geographic location, and methodology.

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12
Q

Items that can be held or touched and are further classified as either real property or personal property.

A

Tangible property

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13
Q

Personal property that has value, yet cannot be physically touched or seen
(e.g., business interests, stocks, patents, trademarks, equities).

A

Intangible property

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14
Q

________ is defined not only as the physical land and everything attached to it, but also the rights of ownership (bundle of rights) in real estate.

A

Real property

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15
Q

__________ is defined as tangible items that (usually) are not permanently attached to, or part of, the real estate. Personal property is also called personalty or chattel. An example is Patio Furniture

A

Personal property (personalty or chattel)

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16
Q

What is the diffrence between Real Estate and Real Property?

A

Real Property includes the bundle of rights.

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17
Q

Term for conversion of personal property to real property—most often by attaching or affixing personal property to real property. An example is ceilling fan or dishwasher.

A

Annexation

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18
Q

What are exampes of Fructus naturales (“fruits of nature”)—Naturally occurring plants.

A

(e.g., trees, plants) Shade tree

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19
Q

What are exampes of Fructus industriales (“fruits of industry”)—Plants planted and cultivated by people

A

(e.g., crops, orchards) Grape vines

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20
Q

A tenant farmer’s crops are referred
to as emblements. Under the legal theory of the _______________.

A

Doctrine of emblements,

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21
Q

________ are any equipment or items a tenant installs for business purposes

(e.g. shelving)

A

Trade fixtures

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22
Q

The bundle of rights includes:
A. the right to occupy, exclude others or to sell.
B. the right to borrow against
C. the right to convey by inheritance
D. all of the above

A

D. all of the above

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23
Q

What is another name for Air Rights?

A

Suprasurface Rights

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24
Q

Example of riparian rights?

A

River

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25
Q

Example of littoral rights?

A

Lake

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26
Q

Which is not a surface right?
A. Agricultural rights
B. Appropriative rights
C. Riparian rights
D. Littoral rights

A

A. Agricultural rights

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27
Q

___________ says that whoever drills a well on his land owns all the oil or gas the well produces, even though it may have migrated from under a neighbor’s land.

A

The rule of capture

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28
Q

Site improvements that provide water, sewer are examples of ___________.

A

Improvements TO the land

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29
Q

Major improvements such as buildings or structures are examples of ___________.

A

Improvements ON the land

30
Q

market value is a reflection of the _________ actions, not just any one person.

A

“typical” buyer’s

31
Q

Value Characteristics: What does DUST stand for?

A

D-emand
U-tility
S-carcity
T-ranferability

32
Q

Which of the four Value Characterisitics (DUST) is NOT a physical characteristic?

A

Transferability

33
Q

An example of the UTILITY Value Characterisitic is.

A

Shape (the shape of a lot might be influential to the value)

34
Q

___________ is a physical characterisitic of land (real estate).

A

Immoblity

35
Q

1 Township = ___________

A

36 sections

36
Q

1 Section = ___________

A

640 acres or 1sq. mile

37
Q

1 SQ Mile = ___________

A

640 acres

38
Q

1 Acre = ___________

A

43,560 sq feet

39
Q

1 Mile = ___________

A

5,280 linear feet

40
Q

A legal description used for Platted property?

A

Lot and Block System

41
Q

__________ is any property that has been subdivided from a large tract into smaller lots as referenced on a plat map

A

Platted property

42
Q

A rod or pole each consist of __________.

A

16.5 feet, or 5.5 yards

43
Q

A ___________ is a possessory interest of uncertain duration. Although the estate may end or terminate, no one knows exactly when it will.

A

Freehold Estate

44
Q

A __________ implies that the property owner possesses the full bundle of rights.

(full bundle of rights)
D-o nothing
O-ccupy
S-ell
B-equeath
L-ease
T-ransfer

A

Fee Simple Estate

45
Q

A father gifts his daughter a plot of land with the condition that she builds a house on it within 5yrs is an example of __________.

A

Fee Simple Determinable

46
Q

Jane Hatfield was gifted a house with the condition that she does not marry a McCoy is an example of __________.

A

Fee Simple Defeasible

47
Q

__________, or estate from period to period, is a leasehold estate for a duration of time, NOT a specific date.

A

Periodic tenancy

48
Q

__________ is ownership by one person or entity.

(comes from word sever)

A

Ownership in severalty

49
Q

A Real Estate Investment Trust (REIT) is a real estate investment corporation or trustwith at least ________ investors and organized as a trust.

A

100

50
Q

__________ allows the fractional interest of one co-owner, when they die, to automatically pass their interest on to the other co-owner or co-owner(s) without going through the probate.

A

Survivorship

51
Q

Four Unities of Ownership? (PITT)

A

P-ossession
I-nterest
T-ime
T-itle

52
Q

What tenancy has ALL FOUR unities and includes survivorship?

A

Joint Tenancy

53
Q

What tenancy must include the unity of possession and does NOT include survivorship?

A

Tenancy in Common

54
Q

Tenancy by the entireties is recognized by about half of the states in the country, and is ONLY an option for a couple who is __________.

A

Married

55
Q

Real estate aquired after marriage would be considered.

A

Community property

56
Q

__________ is property (real or personal) that was owned by either the husband or wife before they were married.

A

Separate property

57
Q

Public Sector Controls

Government has four powers (remember: P-E-T-E):

A
  1. P-olice power
  2. E-minent domain
  3. T-axation
  4. E-scheat
58
Q

A recorded notice stating there is a lawsuit pending that may affect title to the defendant’s real estate.

A

Lis pendens

59
Q

When property reverts to the state after a person dies without leaving a valid will and without heirs. Property also reverts to the state after abandonment.

A

Escheat

60
Q

__________ establish standards for construction, which requires builders to use particular methods and
materials.

A

Building codes (mainly enforced through the permit system)

61
Q

__________ often become a deciding point in determining the feasibility of a project.

A

ADA compliance cost

62
Q

Eminent domain is the government’s constitutional power (Fifth Amendment) or right to take, appropriate, or condemn private
property for public use. __________ is the action of taking of private property for public use.

A

Condemnation

63
Q

An easement is a right to use another’s real property for __________.

A

a particular purpose

64
Q

An appurtenant easement __________.

A

runs with the land

65
Q

An easement in gross benefits a person or entity only and not ___________.

(e.g. the right to hunt a property)

A

a parcel of land

Therefore, there is a dominant
tenant (person benefiting from the easement) but no dominant tenement (because there is no land benefiting from the easement).

66
Q

_________________ is when an easement terminates because the purpose for which it was created no longer exists (e.g., an electric company’s easement for power lines across a farmer’s property would end if the company removed the lines).

A

Failure of purpose

67
Q

A mortgage is an example of what type of lean?

A

A voluntary lien

68
Q

A __________ attaches to all property owned by the debtor.

A

general lien

69
Q

A __________ attaches to specific property.

A

specific lien

70
Q

Which type of lein has the highest president over any other lean including the IRS?

A

Property Tax Liens

71
Q

Two types of liens classidied as both involuntary and general?

A

IRS and Judgment liens