Ownership of Real Property Flashcards

1
Q

In California the term “real property” means the same thing as…

A

real estate.

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2
Q

Freehold estates include…

A
  • The fee simple absolute.
  • The fee simple subject to power of termination
  • Life estate.
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3
Q

Mark gives a life estate to Charlie. Mark’s interest is…

A

reversionary.

*Mark’s interest reverts back to him after the death of Charlie.

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4
Q

Which of the following is considered a “less than freehold estate”?

A

Lease

*A less than freehold estate is an estate in possession generally referred to as a leasehold. Such interests exist for a definite period of time or successive periods of time until termination by notice.

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5
Q

A person holding title to property in severalty would most likely have…

A

sole ownership.

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6
Q

Tenants in common have equal right of…

A

possession.

*Tenancy in common is a form of concurrent ownership where two or more persons hold separate legal title in the same property through the unity of possession. This means that each co-owner has an undivided fractional interest in the land and a right to use the whole property.

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7
Q

The four unities of joint tenancy are…

A

Time, Title, Interest, Possession.

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8
Q

Community property is property owned by…

A

spouses or registered domestic partners.

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9
Q

California real estate acquired by an out-of-state married person that would have been considered community property if it had been acquired by a resident of California is considered…

A

quasi-community property

*New California residents should be aware of the concept of quasi-community property. Quasi-community property is any California real estate acquired by an out-of-state married person that would have been considered community property if it had been acquired by a resident of California; and any California real estate acquired in exchange for real or personal property located anywhere, when the California real estate would have been considered community property if it had been acquired by a California resident.

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10
Q

A form of business organization in which the co-owners are fully liable for the company’s debts is…

A

a general partnership.

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11
Q

An “S” corporation…

A
  • Is taxed as a partnership.
  • Avoids corporate taxation.
  • Passes tax liability through to shareholders.

*With an “S” corporation, taxable income and net losses are passed through to the corporation’s shareholders. Double taxation at the corporate level is thus avoided.

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12
Q

The liability of a limited partner for business debts is limited to…

A

his/her contribution to the firm.

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13
Q

A form of ownership by which investors purchase certificates of ownership in a trust, which in turn invests the money in real property and then distributes any profits to the investors free of corporate tax is called a(n)…

A

Real Estate Investment Trust (REIT).

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14
Q

In medieval England, the highest form of ownership was the…

A

freehold estate.

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15
Q

The highest form of modern land ownership is known as…

A

a fee simple absolute.

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16
Q

The right of possession is restricted under a…

A

fee simple subject to a power of termination.

17
Q

The right of the future holder of what is currently a life estate is a…

A

remainder.

18
Q

Someone who receives real property is known as the…

A

grantee.

19
Q

Ownership in severalty is…

A

a separate ownership.

20
Q

What are examples of concurrent ownership?

A
  • joint tenancy.
  • tenancy in common.
  • community property.
21
Q

Which is NOT considered concurrent ownership?

A

ownership in severalty.

22
Q

A holder of which of the following ownership interests can devise her share of the property to someone else?

A

Tenancy in Common

23
Q

Community Property is:

A

all property acquired during marriage that is not separate.