Chapter 4 Pre-reading Snapshot: Ownership Flashcards
Sole ownership of a freehold estate
Tenancy in severalty
Ownership by 2 or more owners
Co-ownership
Co-tenants; enjoy and individually owned, undivided interest; any ownership share possible; no survivorship
Tenancy in common
Equal, undivided interest jointly owned, with survivorship
Joint tenancy
Joint tenancy requires 4 unities:
- Time
- Title
- Interest
- Possession
Equal, undivided interest jointly owned by husband and wife
Tenancy by the entireties
Per state law, joint ownership of property by spouses as opposed to separate property
Community Property
Ownership by business partners
Tenancy in partnership
Property granted by trustor to fiduciary trustee for benefit of beneficiary
TRUSTS
Personal and real property ownership created to take effect during one’s lifetime or after one’s lifetime
Living Trust
Real property ownership where grantor and beneficiary are same party; beneficiary uses, controls property, does not appear on public records
Land Trust
Owned by stockholders; board of directors, officers, directors run business; liability of shareholders limited to value of shares, may own real estate in severalty or tenant in common
Corporation
Two or more partners; in general partnerships, all partners run business and share liability; in limited partnership, general partners run business and are liable, limited partners liable only to the extent of their investment; both may own real estate.
Partnership
Member liability limited like in corporation, management flexible, income passed through and taxed as personal income; may own real estate
Limited liability company
freehold ownership of a unit of airspace plus an undivided interest in the common elements as tenant in common with other owners.
May be sold, encumbered or foreclosed without affecting other unit owners
Creation: by developer’s declaration
Condominiums