Chapter 2 Estates in Real Property and Forms of Ownership Flashcards
A type of partnership created for a single transaction or series a transactions is known as a:
Joint Venture
Joint ventures are formed for a single or series of individual business transactions. It is not intended to be a relationship of indefinite duration.
Three statements about a corporation are:
- A corporation formed under the laws of California is known as a domestic corporation.
- The shares of stock issued to the owners of a corporation are securities that are regulated by the federal government.
- A corporation is an artificial person
Condominium ownership means that an owner:
owns the space within his/her unit and owns the surrounding common areas as a tenant in common with the other unit owners.
In a condominium, the interior space within each unit is owned by each individual owner in fee simple. The common spaces, such as the buildings themselves, parking, elevators, recreation areas and so forth are owned as tenants in common with all other unit owners.
Ownership in severalty occurs when:
the property is owned by only one person.
Ownership in severalty is ownership by one person to the exclusion of all others, or “severed” from the ownership of all others.
A deed in which the grantor states, “To Paul Grey for his life, and then to Sean Casey” creates what type of interest for Sean Casey?
an estate in remainder
When a grantor stipulates that the property will go to a person other than the grantor at the end of the measuring life, the other person has an estate in remainder and is known as the remainderman.
All of the following statements are true regarding condominiums
- a lien can attach to a separate unit.
- each unit owner obtains separate financing to buy his/her unit.
- the sale of a unit does not generally require the approval of other unit owners.
3 characteristics of a fee simple estate
- It is of an indefinite duration.
- It can be inherited.
- It can be transferred.
An estate that can be voluntarily transferred by a will is a
fee simple estate
A Real Estate Investment Trust (REIT):
- avoids double taxation as long as at least 90% of its income is distributed to the shareholders who pay tax on the income.
- involves one or more trustees who manage property for others, who are called beneficiaries.
- is an unincorporated syndicate to finance large real estate projects.
The type of concurrent ownership that requires unity of interest, unity of title, unity of time, and unity of possession that includes the right of survivorship is known as:
joint tenancy.
The highest and most complete form of ownership estate in land is called:
fee simple absolute estate.
3 statements concerning a life estate are:
- A life estate can be sold, gifted, or traded to another by the life tenant.
- All conveyances of a life estate must be in writing.
- A life tenant may encumber the property of the life estate.
An ownership interest in real property that has an indefinite (indeterminable) duration is known as a:
fee simple absolute.
The statement(s) are true regarding cooperatives 2 of them:
- If one tenant in a cooperative defaults on his/her share of the mortgage payment, the remaining tenants must cure the default.
- A corporation owns the whole project and the persons who occupy the individual units are shareholders with a tenancy right to a particular unit under a proprietary lease.
When an apartment building is converted to a condominium, need how much notice?
Each apartment tenant must be given 180 days notice of the conversion.