Chapter 8 Flashcards

1
Q

What is included in real estate

A

Earths surface, subsurface and air above the surface. Anything growing on the land, anything permanent attachments to the land and all improvements on or to the land

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2
Q

Legal rights to own or use the property

Bundle of rights

A

Real property

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3
Q

What is it called when your land borders a river

A

Riparian rights

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4
Q

What is the opposite of erosion

A

Accretion

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5
Q

What are the four tests used by courts to distinguish between real and personal property

A

Intent
Relationship
Menthod of annexation
Adaptation

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6
Q

Which are not part of the bundle of rights

A

Possession
Disposition
Enjoyment

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7
Q

What is a freehold estate in which it is a sole ownership and only one person owns the house

A

Estate in severalty

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8
Q

Tenancy in Common

A

Not husband and wife
No rights of survivorship
Created by same or different deeds
May leave their interest in a will

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9
Q

Which type of estate has rights of survivorship

A

Joint tenancy

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10
Q

What is the opposite of tenancy in common

A

Joint tenancy

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11
Q

What is involved in a joint tenancy or joint estate

A

Shared by two or more 50/50 who have equal interest
Rights of survivorship
Interest cannot be left in a will

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12
Q

What are the four unities required to create a joint tenancy

A

Possession
Interest
Time
Title

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13
Q

Tenancy by the entirities

A

Marriage

Overrides a will

Separate property

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14
Q

What happens to a tenancy in entireties in case of divorce

A

Ownership converts to a tenancy in common

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15
Q

What is the right to regain ownership in a life estate

A

Reversion estate

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16
Q

What is the remainder estate

A

3rd person in the question

Person grantor wishes to inherit the land (son example)

17
Q

What are non freehold estates

A

Tenancy at will
Tenancy for years
Tenancy at sufferance

18
Q

Current lease for a specified period of time

A

Tenancy for years

19
Q

What is the opposite of tenancy at will

A

Tenancy at sufferance

20
Q

What is a tenancy at sufferance

A

Occupying house without tenants approval

21
Q

What is the point of an elective share

A

Provides surviving spouse 30% of real and personal property

Prevent a spouse from being harmed in an unfair will

22
Q

What are reasons that homestead property can be foreclosed upon regardless of homestead rights

A

Mortgage
Property taxes
HOA/Condo Fees
Contractor

23
Q

How much property is protected by homestead rights if located in the city

A

One half acre

24
Q

How much property is protected if it is located outside the city

A

160 acres

25
Q

Is a real estate license necessary to sell real estate for a CO-OP

A

Yea

26
Q

What is an individual who is sold a specific space from a COOPERATIVE ASSOCIATION

A

proprietary lease

27
Q

Who gets the first right of refusal when it is a cooperative association

A

The association of the CO-OP