Lecture 1 - Legal Concepts Flashcards

1
Q

[..] refers to the physical land and improvements constructed on the land

A

Real estate refers to the physical land and improvements constructed on the land

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2
Q

[..] refers to the ownership rights associated with real estate

A

Real property (=realty) refers to the ownership/property rights associated with real estate

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3
Q

Estate is property, which can be either a tangible or an intangible asset. Which of the following would be considered an intangible asset?

Land

Building

Mortgage

Fence

A

Estate is property, which can be either a tangible or an intangible asset. Which of the following would be considered an intangible asset?

Land

Building

MORTGAGE

Fence

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4
Q

Property rights can be divided into two classes, real and personal. Which of the following is an example of real property?

Vehicles

Stocks and bonds

Patents

Commercial building

A

Property rights can be divided into two classes, real and personal. Which of the following is an example of real property?

Vehicles

Stocks and bonds

Patents

COMMERCIAL BUILDING

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5
Q

A fixture is an object that formerly was personal property but has become real property. Of the following four rules for determining whether an object has become a fixture, which is the most dominant (i.e. if there is a conflict, which rule prevails)?

Manner of the attachment

Character of the article and manner of adaptation

Intention of the parties

Relation of the parties

A

A fixture is an object that formerly was personal property but has become real property. Of the following four rules for determining whether an object has become a fixture, which is the most dominant (i.e. if there is a conflict, which rule prevails)?

Manner of the attachment

Character of the article and manner of adaptation

[Intention of the parties]

Relation of the parties

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6
Q

What term BEST describes a person that owns a property and is conveying title to the property to another person?

Mortgagor

Grantor

Mortgagee

Grantee

A

What term BEST describes a person that owns a property and is conveying title to the property to another person?

Mortgagor

[Grantor]

Mortgagee

Grantee

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7
Q

What legal document conveys title from one person to another

Mortgage

Note

Deed

Title

A

What legal document conveys title from one person to another

Mortgage

Note

[Deed]

Title

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8
Q

The single largest asset category in the net worth portfolios of households is:

government and corporate bonds

stocks and mutual fund shares

consumer durable goods

housing

A

The single largest asset category in the net worth portfolios of households is:

government and corporate bonds

stocks and mutual fund shares

consumer durable goods

[housing]

Explanation

As explained in the welcome video, housing is the dominant asset in the portfolio of households.

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9
Q

The expected stream of rental income is capitalized into value by converting expected future cash flows into present value through a process called

amortisation

discounting

compounding

accounting

A

The expected stream of rental income is capitalized into value by converting expected future cash flows into present value through a process called

amortisation

[discounting]

compounding

accounting

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10
Q

Based on your understanding of the rules for determining when an object becomes a fixture, which of the following items would most likely be considered a fixture at the time of sale?

Custom (built-in) bookshelves

Refrigerator in a single-family residence being sold
close

Fence installed by the tenant of a rental property

Curtains

A

Based on your understanding of the rules for determining when an object becomes a fixture, which of the following items would most likely be considered a fixture at the time of sale?

[Custom (built-in) bookshelves]

Refrigerator in a single-family residence being sold
close

Fence installed by the tenant of a rental property

Curtains

Explanation
They are most likely to be intended to be used permanently with the property.

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11
Q

Fixtures:

  • items [.] to be [.] attached to homes
  • used to be [..] but have become [..]
A

Fixtures:

  • items intended to be permanently attached to homes
  • used to be personal property but have become real property
    e. g. dishwashers, garage, stove, furnaces, elevator,….
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12
Q
[..] are property rights that can be apportioned (bundled):
Rights exercised by property owner:
- [.]
- [.] 
- [.]
- [.]
These rights are also called '[.]'.
A

Real property are property rights that can be apportioned (bundled):
Rights exercised by property owner:
- Possess
- Use
- Enjoyment
- Disposal
These rights are also called ‘interests’.

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13
Q

“Interest”: a legal term to describe a property right.

Interests can be transferred to another party, i.e. can be [.] / [.] / used as [.] for a loan.

A

“Interest”: a legal term to describe a property right.

Interests can be transferred to another party, i.e. can be bought/ sold/ used as collateral for a loan.

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14
Q
[.] = Home owner: pledges the purchased property as a security for a loan
[.] = Mortgage [.] : obtain a ''[.] '' (or [.]) interest in the house
A

Mortgagor = Home owner: pledges the purchased property as a security for a loan
Mortgagee = Mortgage lender: obtain a ‘‘secured’’ (or security) interest in the house.
If the mortgagor fails to repay the loan, the lender can sell the house and apply the proceeds to the outstanding loan.

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15
Q
[.] = Landlord = Home owner
[.] = Tenants
A
Lessor = Landlord = Home owner
Lessee = Tenants
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16
Q

Title: legal evidence or ‘’[.]’’ of ownership
- Title contains documents, records, act.
- A marketable title is one that is [.] and ‘reasonably free from [.] ‘’.
To ensure that, conveyancing solicitor usually search for relevant records.
Examples of a defective title:
> a piece of land of the estate not included in legal title
> outstanding tax liens on the property
> missing signatures of corners of a spouse / other parties with interests in the property

A

Title: legal evidence or ‘‘proof’’ of ownership
- Title contains documents, records, act.
- A marketable title is one that is valid and ‘reasonably free from litigation.
To ensure that, conveyancing solicitor usually search for relevant records.
Examples of a defective title:
> a piece of land of the estate not included in legal title
> outstanding tax liens on the property
> missing signatures of corners of a spouse / other parties with interests in the property

17
Q

[.] : a written document that captures the desire of one party (‘[.]’) to transfer ownership of real estate to another party (‘[.]’)

A

Deed: a written document that captures the desire of one party (‘grantor’) to transfer ownership (= convey Title) of real estate to another party (‘grantee’)

18
Q

Personal property (=personalty): rights on ? &/or ? things (e.g. cars, patents, bank accounts,,…)

A

Personal property (=personalty): rights on intangible &/or movable things (e.g. cars, patents, bank accounts,,…)

19
Q

”?” = all that a person owns = realty + personalty

A

“estate” = all that a person owns = realty + personalty

20
Q

The owner of real estate may choose to pledge (encumber) his property as a collateral to obtain a mortgage/loan.
Owner retains possession and use.
Lender receives only “ a ??”

A

The owner of real estate may choose to pledge (encumber) his property as a collateral to obtain a mortgage/loan.
Owner retains possession and use.
Lender receives only “ a secured interest”