Interest And Estates In Land Flashcards
Interest
Interest in real estate ownership of any combination of the bundle of rights to real property including rights to:Possess use, transfer, encumber, exclude
Undivided
And undivided interest is an owners interest in a property in which two or more parties share ownership. The terms undivided and indivisible signify that the owners interest is a fractional part of the entire estate. Not a physical portion of the real property it’s self. If two co-owners have an undividedEqual interest one owner may not like lay claim to the northern half of the property for his or her exclusive use
Eminent domain
The right of the government to take private property for a necessary public use with just compensation paid to the owner. Property owner must be paid compensation for the property, as we use for public good, OWNER must have due process in the court system
ESCHEAT
Provides another example of the states interest in real property. Property cannot be without an owner, and an owner dies without a will or without errors the property reverts to the state. Escheat is the process a reversion to the state ownership
Freehold estate or leasehold estate
And interest that includes the right of possession. The relationship of the parties on in the estate and specific interest healed in the estate
Freehold a state
The duration of the owners rights cannot be determined, the Wright’s may endure for a lifetime, for less than a lifetime, or for generations beyond the owners lifetime
Leasehold estate
Is distinguished by a specific direction as represented by the lease terms
Tenancies
Leasehold and freehold estates are referred to as tenancies. The owner of a freehold estate is a freehold tenant and the renter or the leasee is the leasehold tenant
Fee simple estate
A free hold estate of potentially Unlimited duration
Highest form of ownership interest, includes the bundle of rights and the Tenancy is unlimited with certain exceptions
The owner of the fee simple interest is called the fee tenant
Life estate
Limited to the life of the owner
Two forms of fee simple estate
Absolute and defeasible
Fee simple absolute
A perpetual state that is not conditioned by stipulated or restricted uses. Maybe freely passed on to heirs.
May do any of the following;
Pass a life estate in reversion or remainder to another person
Use the property for security or debt, Grant an easement, lease the property, give permission for another to conduct activity on the property
Fee simple defeasible
Deed to create what start out as a fee simple, but attach some sort of condition or limitation. Ownership can continue indefinitely, provided the use of the property conforms to stated conditions.
Two types of fee simple defeasible are
Determinable and condition subsequent
Determinable
The date to determinable it states states usage limitations. If the restrictions are violated, the estate automatically reverts to the grantor or heirs