General concepts Flashcards
What are the four economic characteristics of real estate? (DUST)
Demand, utility, scarcity, transferability
These are the four things that test to see if something is a fixture (MARIA)
Method of attachment, adaptability, relationship of parties, intended use, agreement
These are the four government powers of real estate (PETE)
Police power, Eminent domain, taxation, Escheat
What are the five bundle of rights you get when you acquire property?
Possessed, control, exclude, enjoy, disposition (conveyance)
What are the four essential elements of a contract?
Offer an acceptance, consideration, lawful object, capable parties
What are the essential elements of deed?
Parties : the legally competent to a definite person
Words of conveyance: some states have something known as a Habendum Clause “ to have to hold”
Reticle of Consideration: consider consideration required, but not in Nebraska
Signature of grantor acknowledgment : signs in front of a notary
Delivery and acceptance : must be delivered to the grantee during the lifetime of the granto
Legal description : you know what this is brah
What are the four unities of joint tenancy? (T.T.I.P) this is where it’s not passed to the heirs
Time: receive title at the same time
Title: must receive title on the same deed
Interest: equal share
Possession : identical right possession
What is a Tennancy in common?
Interest in the property is passed to the heirs can own unequal shares. I’ll have the right to possess. I’ll have the right to occupy and can’t exclude.
What are the three physical characteristics of land?
Immobility, indestructibility, and uniqueness
Book definition of economic characteristics of real estate
Scarcity, improvements, performance of investment, area preference SIPA (I made that acronym up)
The term non-homogeny refers to
Uniqueness
Pur Autre Vie
For the life of another. Literally means for the life of another. It is a life estate. It is not an estate of inheritance.
Lis pendens
Latin for litigation pending. Is a notice filed in public record of pending legal action affecting the title or possession of property. It doesn’t have a physical effect on the property, but creates a cloud on the title.