Chapter 4 - Ownership Flashcards

1
Q

Three people have identical rights but unequal shares in a property, share an indivisible interest, and may sell or transfer their interest without consent of the others. This type of ownership is…

A

tenancy in common

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2
Q

A unique feature of a land trust is that…

A

the identity of the beneficiary may not be identified

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3
Q

A _____ may hold an owner liable for the unpaid operating expenses of other owners

A

cooperative

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4
Q

One of the benefits offered by ownership in tenancy by the entireties is

A

the estate is subject to foreclosure only for jointly incurred debts

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5
Q

When a tenant in common dies, what happens to the tenant’s interest in the estate?

A

It passes by probate to the deceased tenant’s heirs.

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6
Q

The owner of a cooperative owns

A

shares in a corporation or association and a proprietary lease in a physical unit

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7
Q

In a cooperative, real property is owned by

A

the corporate entity of the cooperative association

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8
Q

A tenant in common can

A

sell, encumber, or transfer his or her interest to an outside party without the consent of the other tenants in common

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9
Q

Sole ownership

A

a single party owns the fee or life estate, the ownership is a tenancy in severalty

aka: ownership in severalty, estate in severalty

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10
Q

Co-ownership

A

if more than one person, or legal entity such as a corporations, owns an estate in land, the estate is held in some form of co-ownership

co-owners are also called cotenants

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11
Q

Tenancy in common

A

also known as the state in common, is the most common form of co-ownership when the owners are not married

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12
Q

Defining characteristics of a tenancy in common

A

-two or more owners
-identical rights - co-tenants share an indivisible interest in the estate
-interests individually owned - co-tenants may sell, encumber, or transfer their interests without obstruction or consent from the other owners
-Electable ownership shares - tenants in common determine among themselves what share of the estate each party will own (40/25/35 or 50/25/25)
-no survivorship - a deceased co-tenant’s estate passes by probate to the decedent’s heirs
-no unity of time - a new co-tenant may enter into a pre-existing tenancy in common

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13
Q

Joint tenancy

A

two or more persons collectively own a property as if they were a single person.

rights and interests are indivisible an equal: each has a shared interest in the whole property which cannot be divided up

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14
Q

Defining characteristics of a joint tenancy

A

-unity of ownership - hold a single title to the property
-equal ownership (50/50; 25/25/25/25)
-transfer of interest - joint tenant may transfer their interest in the property to an outside party, but only as a tenancy in common
-survivorship-if a joint tenant dies, all interests and rights pass to the surviving joint tenants

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15
Q

Creation of joint tenancy

A

all owners must acquire the property at the same time, use the same deed, acquire equal interests, and share in equal rights of possession

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16
Q

What are the four unities of joint tenancy

A

unity of time, unity of title, unity of interest, unity of posession

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17
Q

Termination by partition suit

A

the legal avenue for an owner who wants to dispose of his or her interest against the wishes of other co-owners

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18
Q

Tenancy by the entireties

A

is a form of ownership traditionally reserved for married couples

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19
Q

Characteristics of a tenacy by the entireties

A

-survivorship - upon death the interest passes automatically to the other spouse
-equal, undivided interest
-no foreclosure for individual debts
-termination - may be terminated by divorce, death, mutual agreement

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20
Q

Community property

A

defines property right of legal spouses before, during and after their marriage as well as after the death of either spouse

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21
Q

Community property law distinguishes real and personal property into

A

separate and community property

22
Q

Separate property consists of

A

-property owned by either spouse at the time of marriage
-property acquired by either spouse through inheritance or gift
-property acquired with separate-property funds
-income from separate property

23
Q

Community property consists of

A

all other property earned or acquired by either party during the marriage

24
Q

Tenancy in partnership

A

ownership held by business partners, as provided by the uniform partnership act

25
Estate in trust
a fee owner (grantor or trustor) transfers legal title to a fiduciary (the trustee) who holds and manages the estate for the benefit of another party, the beneficiary
26
Living trust
allows the trustor, during their lifetime, to convey title to a trustee for the benefit of the third party
27
Testamentary trust
is structurally and mechanically the same as a living trust, except that it takes effect only when the trustor dies
28
Land trust
a land trust allows the trustor to convey the fee estate to the trustee and to name himself or herself the beneficiary
29
Deed in trust
grants the beneficiary the rights to possess and use the property, and to exercise control over the actions of the trustee
30
Conventional trust structure
the trustee holds legal title and has conventional fiduciary duties
31
Distinguishing features of a land trust
-beneficiary controls property -beneficiary controls trustee -beneficiary identity not on record -limited-term (must be renewed)
32
The beneficiary's interest in a land trust is
personal property, not real property
33
Corporation
is a legal entity owned by stockholders
34
Partnership
two or more persons agree to work together and share profits
35
LLC
limited liability company, combines features of the corporation and the limited partnership
36
Condominium ownership
a hybrid form of ownership of a multi-unit residential or commercial properties it combines ownership of a fee simple interest in the airspace within a unity with ownership of an undivided share, as a tenant in common, of the entire property's common elements, such as lobbies, hallways, and pools
37
A condominium unit
is one airspace unit together with the associated interest in the common elements
38
Common elements
are all portions of the property that are necessary for the existence, operation, and maintenance of the condo units
39
Common elements include
-the land -structural components of the building -physical operating systems -recreational facilities -building and ground areas used non-exclusively (halls, stairways, laundry rooms)
40
Condominium interests and rights
-possession, use an exclusion - unit owners exclusively posses their apartment space, but must share common areas with other owners -transfer and encumbrance - condo units can be individually sold, mortgaged, or otherwise encumbered without interference from other unity owners -condo units are individually taxed
41
Condominium creation
condo properties are created by excuting and recording a condo declaration and master deed the party creating the declaration is referred to as the developer
42
Condo declaration may be required to include:
-a legal description/ name of property -a survey of land, common elements, and all units -plat maps of land and building, floorplans -provisions for common area easements -an identification of each unit's share of ownership -voting rights, membership status, and liability for expenses of individual owners -covenants and restrictions regarding uses and transfer of units
43
Condo organization
condo declarations typically provide for the creation of an owner's association to enforce bylaws and manage the overall property
44
Condo management
have extensive management requirements, including maintenance, sales and leasing, accounting, owner services, sanitation, security, trash removal, etc..
45
Condo owner responsibilities
-maintaining internal systems -maintaining the property condition -insuring the contents of the unit
46
Cooperative ownership
or co-op one owns shares in a non-profit corporation or cooperative association, which in turn acquires and owns an apartment building as its principal asset. the shareholder acquires a proprietary lease
47
____ establishes what portions of the property's expenses the owner must pay
the ratio of the unit's value to total value
48
Co-op interests, rights and obligations
co-op association's interest - the corporate entity of the co-op association is the only part in the co-op with real property interest -shareholder's interest - owning stock and a lease, the unit is personal property that is subject to control by the corporation -proprietary lease - the co-op lease is called a proprietary lease because the tenant is an owner (proprietor) of the corp that owns the property -expense liability - failure of individual shareholders to pay monthly expense easements puts all proprietors on the hook -transfer - interest is transferred by assigning both the stock certificate and lease to the buyer
49
Co-op organization and management
a developer creates a cooperative by forming the cooperative association, which subsequently buys the cooperative property cooperative associations control the use and ownership of individual apartment units.
50
Time-share ownership
is a fee or leasehold interest in a property whose owners or tenants agree to use the property on a periodic, non-overlapping basis
51
Time-share lease
(lease hold time share) the tenant agrees to rent the property on a scheduled basis or under any pre-arranged system of reservation, according to the terms of the lease
52
Time-share freehold
or interval ownership estate, tenants in common own undivided interest in the property