chapter 2 Flashcards
fee simple absolute/ Fee/ Fee simple
the highest type of estate and includes complete ownership inheritable by heirs. It is potentially of infinite duration and is without limitation
fee upon condition
a type of estate with a condition which if violated, gives the former owner the right, but not automatically, to reclaim the estate.
fee simple determinable
a type of estate with the condition which, if violated, reverts Automatically to the former owner or their heirs
life estate
an estate whose duration is limited to the life of the party holding it and may NOT be inherited
remainder
an estate created at the same time as another, but limited to begin upon the termination of the other companion estate
dower and curtesy
rights which a surviving spouse has in the real estate of the deceased house who held the title as an individual each is entitled to hold for life 1/3 of all land owned by the deceased spouse at time of death
joint tenancy
property held by two or more persons with each having the right to assume full title upon the death of the other
tenancy by the entirety
ownership by husband and wife where if one dies, the survivor owns the property without probate
tenancy in partnership
an agreement between two or more co-owners to conduct a business for profit. Property held in the name of the partnership may be conveyed only with consent of all partners.
community property
property acquired while married. Upon death , surviving spouse automatically owns 1/2 of property while the other half being distributed according to will
creation and transfer of estates
deed, will or inheritance, adverse possession, eminent domain, escheat, and foreclosure
limitation on estates
mortgages, taxes, assessments, betterments, mechanic’s liens, vendee’s lien, vendor’s lien attachments,judgements, decedents debt lien
municipal lien certificate
A certificate obtained from Tax Collector of a municipality to ascertain status of real taxes, water, sewer, etc. on a property. required at time of conveyance. buyer’s attorney is responsible to see that property to be conveyed is free from liens in both the appropriate registry of deeds and local tax collectors office
accretion
the addition of portions of soil by gradual deposit through the operation of nature
alluvian
the natural increase in earth at the shore or mouth of a bank or a stream which is so gradual as to be unnoticeable