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

A

grow op

25
Q

Notice of civil forfeiture

A

seizing assets that are gains of crime

26
Q

Mortgages

A
  • 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
Q

Foreclosure

A
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
Q

Order for conduct of sale

A
Court ordered sale
Sale proceeds in order
-property taxes
-realtor comissions
-mortgages with interest or cost
-surplus to owner (owner owes shortfall)
29
Q

Leases

A

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
Q

Terms for leasing a place

A

right to renew term
usage
non competion

31
Q

Assignment of lease

A
Sublease
parking spot
signage
repairs
tenant improvements
who pays
what is allowed
who retains
32
Q

Distraint

A

shutting down store (Baliff)

33
Q

PErsonal Banruptcy act

A

federal law
insolvent
petitioned into bankruptcy
voluntary assignment into bankruptcy

34
Q

Trustee in Banruptcy

A

all assets
all debts
exemptions

35
Q

Debt you cant get rid of through bankruptcy

A

Fraud
Child abuse
child support or spousal alimonies
student loans under 6 years

36
Q

General Creditors

A

suppliers, banks , credit cards

37
Q

Preffered creditors

A

govt lawyers, lease , wages

38
Q

Secure Creditors

A

lender that takes collateral for the extension of credit, loan or bond issuanc