Prop Ownership & Interests Pt. 2 Flashcards
Improvements (appurtenance)
Does not include repairs or replacements.
(Ie. Includes structures such as buildings, paved driveways and walkways, tennis courts, fences and walls, and swimming pools)
Government improvements (appurtenance)
Roads, highways, and bridges to make the land more accessible.
Utilities brought to the site.
Modifications or improvements such as clearing, grading, and draining to make suitable.
Manufactured housing
Trailer or modular home.
Trailer does not always count as real property and must be takin off the chassis and filed correctly to achieve real property status.
Modular homes can usually still be built into subdivisions even with protective covenants in place.
Easement
Permission to use or maintain a certain piece of a property
Estate
An interest in the property sufficient to give the owner of the estate the right to possession and the right of use.
Freehold (estate)
The owner (lessor) of a property has a freehold estate
Leasehold (estate)
If owned property is leased the tenant (lessee) has a leasehold estate
Fee simple absolute (freehold)
The greatest form of ownership available in a real property. Includes the bundle of rights.
Can convey a life estate to another, pledge the property as security or collateral, and can convey a leasehold estate to another.
May grant easement or give a license to conduct some activity on the property to another.
Fee simple determinable
This defeasible fee or qualified fee is still a freehold estate but the grantor of the title has been put under certain conditions.
(Ie. When a frat house is set to be used for “educational purposes” and it does not comply then the title is taken back and given to the original heirs).
Fee simple subject(to a condition subsequent)
Similar to fee simple absolute in permanence but with conditions on what the property is used for.
(Defeasible)
Defeasible
Can be taken away
Estate pur autr vie (freehold)
Title is measured by the life of someone other than the initial title holder.
Conventional life estates
A non-inheritable freehold estate.
Created only for the named life tenant.
At the end of that life, the grantor or heirs have a revisionary interest.
If the estate does not go to an heir or grantor it goes to a remainderman.
Martial life estates.
An estate that is determined by intestate succession statutes (when someone dies without a valid will)
Alientation
Any estate that is given by a grantor has the right to transfer the deed or use it as security.