Freehold Estates Flashcards

0
Q

Bundle of rights

A

Allows owner to process, enjoy, control, exclude, and dispose of the property.

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1
Q

Freehold estates

Non-freehold estates

A

Free- exist unknown time

Non- based on calendar time

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2
Q

Fee simple absolute

A

Highest form of ownership

For indefinite time, transferable, and inheritable

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3
Q

Fee simple defeasible estates

A

Special limitation

Condition subsequent

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4
Q

Special limitation

A

Possibility of reverter- possible future interest the grantor heirs have.

Granted as ownership as long as property used for that purpose, if not goes back to heirs!

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5
Q

Condition subsequent

A

Right of reentry- possibly future interest of the grantor

Action or condition grantee can’t perform.

Binding on future owners

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6
Q

Life estate based on 3rd party.

A

Life estate pur autre via

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7
Q

Dower, curtesy and homestead r ?

A

Legal life estates

D- wife’s interest in real este owned by husband.

C- husbands interest

H- protects owner from certain creditors

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8
Q

Severalty

A

Title of real estate held by one party.

Individual, corporation, or government body

100% ownership

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9
Q

3 forms of ownership in real estate

A

Severalty

Tenancy in common

Joint tenancy

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10
Q

Tenancy in Common

A

2 or more people

Co-owners ea. have own title as sole owner

Interest may be unequal

Can inherit

Unity of possession

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11
Q

Joint Tenancy

A

Concurrent right of survivorship

1 title

Share must be equal

Pass to surviving owners

Ea. tenant right to sell

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12
Q

Life tenant

A

Full enjoyment while alive

Can’t let go to waste

Lease deed becomes void on death of them

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13
Q

Trust

A

Manages property for owner.

Trustor,
Trustee,
And beneficiary

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14
Q

To make a condo.

A

Must record declaration of condo.

Master deed allows land to be converted

Bylaws govern it

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15
Q

Party purchasing residential condo owns?

A

Air space on a unit (severalty),
Land and buildings (tenant in common)

Must pay homeowners fee,
Maintenance, insurance, reserve funds

Or can be foreclosed on

16
Q

Cooperative

A

Form of co-ownership in which a corporation holds the title and owners purchase shares of stock in the corp. and receive proprietary lease (grants occupancy of specific unit in building).

If owner defaults, other shareholders are expected to pay

17
Q

Conversion

A

Changing one from of ownership to another such as;

Apartment building to condominium

18
Q

Life estates

A

1) Ordinary with remainder or reversion
- set up by grantor

2) pur autre via w/ remainder and reversion
- set up by grantor based on 3rd person

3) legal life estates
- (set up by law)

19
Q

Remainder man

A

When owner gives life estate to one party and the remainder to another

20
Q

Right of reversion

A

The part of an estate that the grantor holds after they gave a life estate to another person.
The estate will return to them