Level 1 Property Ownership Flashcards
the process that results in the gradual increase in land area through deposits of soil by natural forces
Accretion
the right to use the airspace above the surface of land
air rights
the area above ground that is owned along with a property —could include space above a piece of land, or the space owned inside a condominium unit
air space
a tangible or intangible item of value
Asset
ownership of land with all of the legal rights of possession, control, enjoyment, exclusion, and disposition
Bundle of Rights
any unattached, movable asset on the property not considered real estate (land plus improvements); also known as personal property or personalty
Chattel
the side of law which arises from judgments and decisions made in courts rather than explicit legislation
common law
a system of property co-ownership, most commonly applied to married couples, which describes what is joint property and what is individual property
community property
property where each owner has a separate interest in their own unit and undivided interest in the common areas
condominium
the right of a spouse to inherit property held in their spouse’s name after that spouse dies; dower for women, curtesy for men
dower/curtesy
a statutory right in some states which allows the surviving spouse to claim an interest in a decedent’s real and personal property regardless of the provisions established by a will
elective share
the portion of a property’s total value owned outright by the holder to title, equal to the difference between the market value and all outstanding debts on the property
equity
a right included in the bundle of legal rights to real property which empowers the owner to allow or deny others’ use of the property
exclusion
a property interest characterized by perpetual ownership on the condition that the property is used for a certain purpose or under specific conditions – ownership reverts back to the original owner if these stipulations are violated
fee simple defeasible
a type of fee simple defeasible estate which causes the title to automatically revert to the original owner if the deed requirements regarding property use are violated
fee simple determinable
maximum ownership of real property, and is of indefinite duration, freely transferable, and freely inheritable; also called a fee or a fee simple absolute
fee simple estate
an object that was once personal property but is now firmly attached to the land in such a way that it is considered to be a part of the real estate
fixture
a form of ownership with an indeterminate length
freehold estate
laws which protect a homeowner from loss of their principal residence from the claims of most creditors and require both spouses to execute any instruments of conveyance
homestead laws
any non-natural structure built on or affixed to land
improvement