Chapter 7- Interest In Real Estate Flashcards
Memory Tip
Remember the four government powers are PETE:
-Police power
-Eminent domain
-Taxation
-Scheatment
Police power
Every state has the power to enact legislation to preserve order, protect the public health and safety, and to promote the general welfare of it’s citizens.
Eminent Power
Is the power of the government to acquire privately owned real estate for private or economic development purposes
Condemnation
Is the process by which the government exercised this right, by either judicial or administrative proceedings (this is the actual process of taking the property)
Taxation
Is a charge on real estate to raise funds to mee the public needs of a government
Escheat
Is a process by which the state may acquire privately owned real or personal property. State laws provide for ownership to transfer, or escheat when the owner dies and leaves no heirs and also no will or living trust to tell how it should be distributed.
Estate in land
Is the degree, quantity, nature and extent of an owners interest in real property.
Freehold estates
Lasts for an i determinate length of time, such for a lifetime or forever.
Leasehold states
Lasts for a fixed period of time. They include for years and estates from period to period
Fee Simple Absolute
Estate is the highest interest in real estate recognized by law. Fee simple ownership is absolute ownership; the holder is entitled to all rights to the property. It is limited only by certain public and private restrictions, such as zoning and restrictive.
Fee simple defeasible
Situation, ownership is dependent upon the buyer meeting specific conditions, which are clearly spelled out by the seller in the contract.If the buyer violates these conditions at any point, then the property could legally revert back to the seller or to a specified party. Ie religious property.
VoIP contract
Is one that lacks all or one of the else that make a contract valid. The contract is valid…
Voidable Contract
Is a legal agreement between two parties that may be unenforceable for any number of reasons.