Compu Cram R. Estate Flashcards
👁property ownership
Which would serve as evidence of a shareholders exclusive right of possession of property owned by the shareholders corporation?
- net lease
- gross lease
- proprietary lease
- deed
⚡️Proprietary lease
“Shareholders = proprietary lease”
- Net + gross = leasehold
- Deed = convey legal title
👁property ownership
A buyer is considering purchasing an interest in a time share. The buyer is offered the right to buy stock in a corporation that owns the property; he will receive a lease of its units for his time share interest.
This is a ____________ time share.
- cooperative
- land contract
- condominium
- condemnation
⚡️Cooperative
“Cooperative is obtained through = proprietary lease”
- Condo = freehold
- Land contract = installment agreement
-Condemnation = not relevant to time share
“Theory” would be government taking private property for specified time.
👁property ownership
A telephone company has a 20ft wide easement across farmer jones land on which telephone poles are installed and through which telephone wires extend. When the telephone company goes cellular and removes the poles and wires, the easement terminates due to
- abandonment
- merger
- release
- failure of purpose
⚡️failure of purpose
“The purpose established no longer exists”
- Release = beneficiary terminates easement by document relinquishing legal right
- Merger = terminate when dominant and servient interests are united under one ownership
- Abandonment = when clear expression of beneficiary intent to abandon
👁property ownership
To find out whether there is an (encroachment) on a property, a person should purchase
- a survey
- mortgage insurance
- title insurance
- homeowners insurance
⚡️a survey
“Survey would show any physical encroachment like tree hanging over”
- Title ownership = insures ownership in name of purchaser
- Homeowner insurance = protects theft & hazardous loss
- Mortgage insurance = invalid
👁property ownership
Tom and sally are NOT married, but own a rental property together. Because they also have a right of survivorship, they most likely own the property in
- tenancy by the entireties
- tenancy in severalty
- joint tenancy
- tenancy in common
⚡️joint tenancy
“Joint is a form of co-ownership in which they both have equal undivided interest and right of survivorship”
- entireties = marriage period.
- common and severalty don’t have right of survivorship
👁property ownership
Which statement regarding the common area of a condominium project is true?
- the common area in a condominium is owned by the government and does not require insurance coverage
- the owners insure only their own individual units, and the common areas are left uninsured
- each owner maintains an individual policy over the common areas
- the homeowners association usually has liability insurance coverage for the common area
⚡️each owner maintains an individual policy over the common areas
“Common area usually has liability insurance paid by the condominium homeowners association. The area is owned equally by the condominium owners percentage to their ownership rights”
-not owned by government
👁property ownership
Scott buys a parcel of vacant land, builds a house, and begins to enjoy possession of the property. Scott later discovers that the parcel of land he believes he had legal title to had been transferred in a previous sale of a larger parcel of land. Which law requires the rightful owner of the land to compensate the rightful owner of the land for the value of the unimproved land?
- doctrine of constructive annexation
- doctrine of part performance
- doctrine of emblements
- occupying claimant law
⚡️occupant claimant law
“Occupying claimant would require rightful owner of the land to compensate Scott for the house he built, or for Scott to compensate rightful owner of land for value of unimproved land
- doc. Of emblements allow tenant farmer to re-enter the land and harvest crops after tenancy ends
- doc. Of part performance allows court to enforce oral contract
- doc. Of annexation is what makes a built-in dish washer a fixture
👁property ownership
When an interest in real property is a remainder interest,
- title goes on to someone at the end of a life estate
- a grantor is conveying legal title to a grantee
- the life tenant gets legal title
- a grantor gets title back at the end of a life estate
⚡️title goes to someone at the end of a life estate
“Life estate = 2 types of future interest”
1) if title goes back where it came from, the interest is reversion
2) title goes to someone never held; it’s a remainder
👁property ownership
A grantor conveyed a vacant one-acre tract of land to a grantee. The grantee receives
-43,560 sq ft.
⚡️43,560 sq ft.
” 1 acre = 43,560 sq ft.”
- 640 acres in a section of land
- 5,280 linear feet in a mile
👁property ownership
When a woman has interest in land that will continue as long as she lives, she has a(n)
- fee simple
- easement
- estate for years
- life estate
⚡️life estate
“don’t confuse life estate with dower of percentage from deceased spouse”
- fee simple is outright ownership
- easement is right to use another persons real property for purpose
- estate for years is lease hold with specific termination date
👁property ownership
ABC remodeling inc. buys a new warehouse for its trucks and excess building materials. How will it take title?
- tenancy in severalty
- tenancy in common
- tenancy by the entireties
- joint tenancy
⚡️tenancy in severalty
“ABC inc. is the sole owner. There is no co-ownership.
👁property ownership
A deed used to transfer title states the conveyance will remain in effect “so long as the property is NOT used for the sale of alcoholic beverages” the buyer would receive which kind of estate?
- fee simple defeasible
- fee tail
- reversionary
- fee simple absolute
⚡️fee simple defeasible
“Defeasible estate could be defeated if the deed restrictions are not followed”
👁property ownership
Sally wishes to guarantee that her grandchildren receive her home and farm after her son dies. She should then
- put the property in the joint tenancy with herself and the grandchildren
- devise the property directly to the grandchildren
- make the children tenants in common with their father
- leave her son a life estate, naming the grandchildren as a remainder interest
⚡️leave her son a life estate, naming the grandchildren as a remainder interest
“Naming the grandchildren as remainder interest would allow the son to own and use the property during his lifetime, while guaranteeing the interest will shift to grandchildren after his death”
👁property ownership
The highest and best form of ownership in real property is called
- fee tail
- life estate
- fee simple absolute
- fee simple defeasible
⚡️Few simple absolute
“No conditions on title”
- fee simple defeasible can be undone if condition violated
- life estate is an interest that lasts as long as a specified persons lives
- fee tail (fee by entrails) freehold that must be owned by family member
👁property ownership
A system of ownership and fee simple title to designated areas of air space with a percentage of ownership of common elements in the property is termed a
- chattel
- cooperative
- condemnation
- condominium
⚡️condominium
“Condo is actual fee simple title to designated areas of air, plus common % of ownership of common elements in common area.
- chattel = personal property
- condemnation = government to take private property
- coop ownership is the ownership of stock in a company with occupancy rights prescribed under a lease.
👁property ownership
Fixtures and showcases attached to property in a store that occupies rented space are considered
- all of answers listed
- trade fixtures
- personal property
- chattels
⚡️all of answers listed
“it’s all personal property”
- trade fix can be removed = (PP)
- chattel = (PP)
- personal property = (PP) property not real
👁property ownership
For a buyer to be certain that the property has no encroachments, she should obtain a
- owner fee policy of the title insurance
- survey
- abstract of title
- certificate of no defense
⚡️survey
“Survey would show physical trespass on property by building or structure”
- cert of no defense is document used my mortgagee to state outstanding balance due on mortgage which if not mortgagor does not object, will stand correct amount.
- title insurance is an indemnity contract that insures title is marketable
👁property ownership
Wayne grants Brent the permission to use Wayne’s property to fish on one hot summer day. This is referred to as a(n)
- license
- encroachment
- encumbrance
- easement
⚡️license
“Permission to use land of another is a LICENSE which is revocable by grantor anytime”
- encumbrance = interest in land that affects value. outstanding loans on mortgage, unpaid taxes
- encroachment is trespass by object building or structure over property line
- encumbrance is burden on property usually runs with land
👁property ownership
An inquiry notice is
- matter of public record
- what a person can actually see
- what the real estate broker says
- when circumstances exist that should be investigated
⚡️when circumstances exist that should be investigated
“Inquiry notice when circumstances should alert person to a problem for investigation.
- actual notice = what person sees or is told
- constructive notice = matter of public record
👁property ownership
An owner of real estate sold the same parcel of land to two different buyers at the same time. When both buyers meet at the property they discover that they both have recorded deeds for the property. Which type of lawsuit will they file to determine who has title?
- quiet title action
- eviction lawsuit
- civil rights lawsuit
- action to recover title
⚡️quiet title action
“Lawsuit to determine who has title”
- action to recover title may occur if condition in a deed is violated
- civil rights lawsuit may occur in the event of discrimination in the sale or rental.
- eviction lawsuit = filed by landlord to evict tenant
👁property ownership
The term “APPURTENANCE”
- refers to the rights a tenants owns in the landlords property
- refers to rights that last only for a certain period of time
- means “runs with the land”
- is best exemplified by an easement in gross
⚡️runs with the land
“Something appurtenant to property if it “runs with land” forever
- tenants right in landlord property is called leasehold estate
- easement in gross = when utility company services on private property
- right for period of time is license which does not run with land
👁property ownership
A lien filed for the sole purpose of preventing a transfer of property pending the outcome of litigation is called a
- lis pendens
- judgement lien
- tax lien
- mechanics lien
⚡️LIS pendes
“A recorded notice starting a law suit is pending that may affect title to the defendants property”
- tax lien = placed on property to secure payment of taxes.
- mechanics lien = filed to assure payment labor/ materials
- judgment lien = filed to secure payment of confirmed debt
👁property ownership
The additional of soil to property by the gradual operation of natural causes is termed
- alluvium
- accretion
- ad valorem
- erosion
⚡️accretion
“Accretion is opposite of erosion”
- erosion = gradual wearing away
- alluvium = silt that is suspended in the water and carried downstream
- ad valorem = (Latin) for “according to valuation” estimating real property
👁 property ownership
After a buyer purchases a property, he has a survey made and finds that his neighbor recently built a fence on his land. This is an example of a(n)
- appurtenance
- party wall
- encroachment
- adverse possession
⚡️encroachment
👁property ownership
With regard to real estate, accretion refers to which process
- silt suspended water
- method of evaluating property according to its value
- gradual wearing away of the property
- gradual building up of the property
⚡️gradual building up of the property
“Accretion = build up of property through natural process”
- erosion = wearing away
- alluvium = silt suspended water
👁property ownership
Which is necessary to create an easement by prescription?
- constant regular use of land for the stated prescription of years
- hostile and adverse use of the land
- open and notorious use of the land
- all answers listed
⚡️all listed
👁property ownership
John dies and leaves the township 10 acres to use as it wishes, but NOT on Sunday. If the land is used for any purpose on Sunday, ownership will pass to his son, Bill. What describes the interests of the town and bill, respectively?
- township: an estate for years; bill: a periodic tenancy
- township: a fee simple absolute estate; bill: a life estate
- township: a fee simple determinable estate; bill: a remainder interest
- township: a fee simple defeasible estate; bill: reversionary interest
⚡️township: a few simple determinable estate; bill: remainder interest
“Automatically terminated and immediately reverts to the grantor or his heirs upon the occurrence upon the triggering event or condition”
- conditional estate = upon occurrence of limiting condition may or may not be terminated according to grantor
- absolute: places no conditions on use
- estate for years and periodic tenancies describe leasehold estates
👁property ownership
How many acres are in a government rectangular survey that consists of the SW 1/4, NE 1/4, NW 1/4 of section 13, blendon township?
- 80
- 10
- 40
- 20
⚡️10
“A section has 640 acres in it. A quarter of a section has 160 acres, a quarter of a quarter has 40 acres, and a quarter of a quarter of a quarter would have 10.
- 640/ 4/ 4/ 4 = 10
- 4 x 4 x 4 = 64 & 640/ 64=10
👁property ownership
Buyer executes a chattel mortgage in favor of a lender. Which type of property would be covered by chattel mortgage?
- automobile
- real estate
- newly installed furnace
- office furniture and equipment
⚡️office furniture and equipment
“Chattel mortgage creates a lien on personal property”
-automobile would never be considered as chattel. It is completely separate from real property