Forms Of Ownership Exam 2 Flashcards

1
Q

Difference between Living and Testamentary Trust?

A

Trustor is deceased when Testamentary Trust is created

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2
Q

Ownership in condominium airspace?

A

Can be joint, severalty, or common

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3
Q

Condominium ownership involves how many interests?

A

2…individual airspace and common elements

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4
Q

What can an HOA due to someone not paying their dues?

A

Foreclose on the lien

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5
Q

What are the rights of a person who owns coop stock and lives on the property?

A

Proprietary Lease

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6
Q

Does a condo owner have fee simple ownership or common ownership?

A

Both

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7
Q

An owner in a coop…

A

Owns shares in the company that owns the property

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8
Q

Tenancy at will is best described as

A

Staying on a property without a lease

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9
Q

Disposition means (one of the bundle of rights)

A

Transfer

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10
Q

How can a tenant protect their lease when building is foreclosed on?

A

A non-disturbance clause

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11
Q

A lease is…

A

a contract/an instrument that conveys an interest in real property

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12
Q

Under aged lessees are an exception to what?

A

Statute of Frauds

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13
Q

One month oral agreements are…

A

enforceable under Statute of Frauds

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14
Q

Tenant - Subtenant

A

Sub lessor - Sub lessee

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15
Q

Original Lessee - New Tenant

A

Assignor (transfers obligation) - Assignee (pays lanlord)

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16
Q

What can a lessee do when they sublet the property to make a buck

A

They can increase the rent

17
Q

Lease remedy available to tenant would be to…

A

Filing a suit in court to make landlord fix stuff

18
Q

Constructive conviction occurs when

A

Landlord is in default to provide habitable property

19
Q

A ground lease can apply to both

A

Residential and commercial property

20
Q

Uniform Residential Landlord and Tenant Act includes (four things)

A
  1. Disclosure of deposit terms
  2. Unclear lease terms
  3. Limits waived rights of tenant that Landlord asks
  4. Limit time between vacancy and deposit return
21
Q

The Uniform Resid. LandL. & Ten. Act fundamentally attempts to

A

encourage fairness and simplicity of forms