Principles 3 Flashcards
Freehold estate
-Highest form of land ownership (In medieval England)
Fee simple estate
- “present, possessory interest”
- Carries the maximum bundle of rights
- Has the right to use the property right now and for an indefinite period in the future.
Fee simple absolute
- Highest (Most Complete) form of ownership.
- no restrictions on its use
Life estsate
-Has the right to possession and use of property, but the estate lasts only as the life of a person identified in the deed or will that creates the estate.
Reversion
-when the right of possession returns to the original property owner when the life estate ends.
Remainder
-When the right of possession goes to a third person when life estate ends.
Tenants
-Are those who rent or lease property from landlords.
A conveyance of real estate is called?
Grant
Ownership in severalty
- Also called “separate ownership“ or “sole ownership “
- Ownership by one person
Concurrent ownership
- 4 types
- Ownership by more than one person at the same time.
Tenancy in common
- co-Ownership of property in equal or unequal shares by two or more persons, each holding an undivided interest without right of survivorship.
- created when more than one person takes title, they are not married to each other, and no other method of taking title is specified.
Unity of Possession
- Each tenant has the right to possession of the property and cannot be excluded by the cotenants.
- gives all co-owners the right to possession of the entire property.
Joint tenancy (TTIP)
- Unity of TIME (Takes title at the same time)
- Unity of TITLE (receives title through the same deed)
- Unity of INTEREST (Owns an equal share)
- Unity of POSSESSION (Each has right to use all the property)
- ownership by two or more co-owners, all have equal shares and the right of survivorship
Community Property
-Real Property or personal property acquired by a spouse during marriage or by a registered domestic partner.
Separate Property is acquired
- By gift or inheritance to one spouse
- With the proceeds of other separate property, or
- As income from separate property