Land Flashcards

1
Q

Land title system

Torrens System

A
  • Government guaranteed
  • priority of Chronological registration
  • one online central Registration System
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2
Q

Crown land

A

not registered to torren system

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3
Q

Life Estate

A

Ownership on a defined time

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4
Q

Lease hold

A

ends a certain period

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5
Q

Joint tenancy

A

equal ownership

right of survivorship

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6
Q

tenancy in common

A

need not be equal

no right of survivorship

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7
Q

Encumbrance

A

charges
registered in land title office
exception privity

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8
Q

Easement

A

binding to all future owners access right to a joining property requires 2 things
Dominant tenement-benefits
Subservient tenement- gives up benefit

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9
Q

statutory right of way

A

access right
no dominant tenement
utilities and government

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10
Q

Restrictive Covenant

A

restiction on house

Cant use for renting

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11
Q

option to purpose

A

buy the right to buy

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12
Q

Right of first refusal

A

price match has to offer to other person before another person

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13
Q

mortgage

A

secured debt

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14
Q

assignment of rent

A

Rent if failed to pay can be given to the mortgage giver

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15
Q

Agreement for sale

A

someone is financing a loan for the property

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16
Q

Lease

A

less then 3 years doesnt need to be registered
more then 3 years needs to be registered
right to renew needs to be registered

17
Q

Mineral rights

A

Natural gas and stuff

18
Q

Land use contract

A

land can only be used for specific things ie farming

19
Q

Caveat

A

60 day freeze on selling land

20
Q

Certificate of pending litigation

A

long term freeze

21
Q

Land spouse protection act

A

claim longterm freeze

shakey marriages

22
Q

Land spouse protection act

A

claim long term freeze

shakey marriages

23
Q

Builders Lien

A

work/ matierial
45 days of completion of the project
hold 10% for 55 days

24
Q

notice of community charter violation

25
Notice of civil forfeiture
seizing assets that are gains of crime
26
Mortgages
- secured debt - covenatn to pay - pledge of land - payments of interest - term - prepayment penalty - property rates - insurance - first loss payee - good repair - no illegal operations
27
Foreclosure
``` Notice of intention to realize security -demand petition of foreclosure - file -fee -serve Order Nisi of foreclosure -Judgement -setting of redemption period 6 months ```
28
Order for conduct of sale
``` Court ordered sale Sale proceeds in order -property taxes -realtor comissions -mortgages with interest or cost -surplus to owner (owner owes shortfall) ```
29
Leases
3 types of rent 1 Base rent -Square footage rent 2 Grass rent percentage rent 7% of sales 3 Additional Rent -operating cost property taxes building insurance
30
Terms for leasing a place
right to renew term usage non competion
31
Assignment of lease
``` Sublease parking spot signage repairs tenant improvements who pays what is allowed who retains ```
32
Distraint
shutting down store (Baliff)
33
PErsonal Banruptcy act
federal law insolvent petitioned into bankruptcy voluntary assignment into bankruptcy
34
Trustee in Banruptcy
all assets all debts exemptions
35
Debt you cant get rid of through bankruptcy
Fraud Child abuse child support or spousal alimonies student loans under 6 years
36
General Creditors
suppliers, banks , credit cards
37
Preffered creditors
govt lawyers, lease , wages
38
Secure Creditors
lender that takes collateral for the extension of credit, loan or bond issuanc