Prop Ownership & Interests Pt. 2 Flashcards

1
Q

Improvements (appurtenance)

A

Does not include repairs or replacements.
(Ie. Includes structures such as buildings, paved driveways and walkways, tennis courts, fences and walls, and swimming pools)

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2
Q

Government improvements (appurtenance)

A

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.

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3
Q

Manufactured housing

A

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.

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4
Q

Easement

A

Permission to use or maintain a certain piece of a property

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5
Q

Estate

A

An interest in the property sufficient to give the owner of the estate the right to possession and the right of use.

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6
Q

Freehold (estate)

A

The owner (lessor) of a property has a freehold estate

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7
Q

Leasehold (estate)

A

If owned property is leased the tenant (lessee) has a leasehold estate

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8
Q

Fee simple absolute (freehold)

A

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.

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9
Q

Fee simple determinable

A

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).

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10
Q

Fee simple subject(to a condition subsequent)

A

Similar to fee simple absolute in permanence but with conditions on what the property is used for.
(Defeasible)

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11
Q

Defeasible

A

Can be taken away

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12
Q

Estate pur autr vie (freehold)

A

Title is measured by the life of someone other than the initial title holder.

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13
Q

Conventional life estates

A

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.

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14
Q

Martial life estates.

A

An estate that is determined by intestate succession statutes (when someone dies without a valid will)

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15
Q

Alientation

A

Any estate that is given by a grantor has the right to transfer the deed or use it as security.

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16
Q

Dower and Curtesy

A

The right to an estate owned by the deceased spouse (curtesy is male and dower is female)

17
Q

Estover

A

Allows a tenant to use timber for repairs or fuel but not for profit.

18
Q

Escheat

A

If there is no will or heirs the estate goes to the state

19
Q

Nonfreehold estate (leasehold)

A

Or less than freehold estate.

20
Q

Estate for years (nonfreehold)

A

Any fixed period of time and automatically terminates at the end of that.

21
Q

Estate from year to year

A

Periodic state that automatically renews at the end of its period unless otherwise stated.

22
Q

Estate at will

A

An indefinite time and can be terminated by either party at any given time with notice

23
Q

Estate at sufferance

A

Not truly an estate. But heldover when a tenants lease has expired and she fails to vacate the premises.

24
Q

Severalty

A

Exclusive ownership.-one person

25
Q

Concurrent ownership (joint)

A

Simultaneous ownership in a real property.

26
Q

Tenancy in common (joint)

A

Two or more owners with no right to survivorship
Equal ownership
Upon death of tenant in common, share goes to descendant of owner

27
Q

Partitioned

A

Legal process of splitting the property into specific parts of ownership

28
Q

Joint tenancy (joint)

A

Requires four unities of time

All owners purchase at the same time

29
Q

T.T.I.P

A

Time- must acquire interests at the same time
Title- must acquire title on the same document
Interest- considered equal shares unless stated otherwise
Possession- has the right to use and possess the entire property

30
Q

Tenancy by entirety (joint)

A

Limited to husband and wife

Marriage must be legal at the time of buying the property