Forms Of Real Estate Ownership Flashcards
Primary feature of property held in joint tenancy
There is no right of survivorship
Real property interest that takes the form of personal property
Cooperative unit ownership
Shareholders in a cooperative receive shares of stock that entitle them to
A proprietary lease
A device by which one person transfers ownership of property to someone else to hold or manage for a third party
A trust
One who manages a trust
Trustee
Property is owned by one individual, corporation, or other entity, has sole rights to the property, and sole discretion to sell, will, lease, or transfer ownership.
Ownership in severalty
Forms of property ownership are controlled by
The state
Tenants have undivided rights of possession in the entire property but may have different shares of ownership and don’t need to take title via the same instrument
Tenants in common
Type of partnership limited in liability to the original investment
Limited partnership
Evidence of ownership in a cooperative
Shareholder stock
Ownership interest based on annual occupancy intervals
Time share
Legal entity that takes ownership of a piece of property at the behest of the property owner. A living trust that allows for management of property while alive.
Land trust
A trust which arises upon the death of a testator and specified in his or her will.
Testamentary Trust
A trust while an individual is still alive
Living trust
Legal action brought by one or more of the tenants in common to force division or sale of property
Partition
Tenancy available only to spouses which carriers a right of survivorship
Tenancy by the entirety
Property acquired during marriage that is not separate property and requires agreement of both spouses to be conveyed
Community property
Property owned by one spouse before marriage, or acquired by one spouse during marriage by gift or inheritance
Separate property
Person creating the trust
Trustor
A fiduciary acting on behalf of the trust carrying out the wishes of the trustor
Trustee
The beneficiary of a type of trust who is also the trustor, but the public record will not identify the beneficiary
Land trust
All partners participate in operations and management, and partners share full liability for business losses and obligations
General partnership
Partners that do not participate in the business and are only liable for business losses only up to the amount of the individuals investment.
Limited partners
Partners that run the business in a limited partnership
General partners
Owner holds fee simple title to airspace of a unit, as well as undivided share in the remainder of the building and land
Condominium
Title to land and building is held by a corporation which sells shares of stock to prospective tenants. Shareholder receives a proprietary lease to the apartment for the life of the corporation.
Cooperative