Property, Estate and Ownership Flashcards

1
Q

The 5 Bundle of Rights

A

Use - Right 2 use the property anyways you want
Possess - Right to live on your property and keep people out
Transfer- Right to sell, give, gift or dispose it
Encumber - Right to borrow money and use your property as security for the loan
Enjoy - Right to peace and quiet enjoyment

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2
Q

Personal Property

A

Not real property, anything that is moveable that is owned personally and chattel

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3
Q

Real Property

A
  • Land and everything attached to the land includes home

- Also include bundle of rights

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4
Q

Land

and what does it include

A

Physical component of Real Property. Including the sky and subsurface (underground)

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5
Q

Surface Right

A

Top soil and the use of the soil

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6
Q

Air Right

A

Right right to own the space on top of your property

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7
Q

Subsurface Right

A

Right to the natural resources, mineral, oil and whatever’s down there

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8
Q

Attachnments

A

Items that are attached to the land and belong to the owner

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9
Q

Improvement

A

Anything that is going to be built permanently on the land

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10
Q

Fixtures

A

Anything that is permanently attached to the REAL PROPERTY like fans, chandelier etc

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11
Q

5 Method of Fixture: MARIA

A

Method of Attachment:
- How did it attach to the property
Adaptation:
- Has it been made specially for the property?
Relation of Parties:
- Relationship between both parties: landlord vs tenant, buyer vs seller or lender vs borrower
Intentions:
- When the items is installed, if you want it to be permanent then it’s fixtured
Agreement of the Parties:
- Agreement between two parties could replace other rules of fixture

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12
Q

Trade Fixtures

A

Tenant’s personal property such as shower, overs and other big stuff.
They take it with them when they leave and responsible for any repairing damage

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13
Q

Fructuc Naturales

A

Plant, tree grass and stuff

when they buy the house, they get all of these

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14
Q

Fructuc Industriales

A

Annual crops and fruits

Consider as personal property

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15
Q

Appurtenance

A

Anything that is add on to the property and when it’s sold. The new owner get all that stuff too.
Like a water tank, a pond, washer dryer etc…
Anything used with land for its benefit is known as a(n):

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16
Q

Easement

A

Allow a person to use a land that they do not own with certain rules restricted

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17
Q

Anything immovable by law

A

Things that cannot move themselves must come with the property

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18
Q

Estates

A

Ownership of one person in real property

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19
Q

Freehold Estate

A

Estate with indefinite duration, usually measured by someone’s life

20
Q

Nonfreehold Estate

A

Estate with a fixed timeline. Usually apartment or rental

21
Q

Estates in Fee

Also known as Fee Simple Estate

A

Absolute Ownership of property

22
Q

Estates Of Inheritance

A

Estate go beyond life of the holders, usually go to their kids

23
Q

Life Estates

A

Owner of the property with duration of their life

when they die, the estate go to their kids

24
Q

Estate in Reversion

A

Owner give a person an estate and when that person died, the estate reverse back to the OG owner

25
Q

Pur Autre Vie (another Life)

A
  • Grant estate to another person after the owner’s dead.
26
Q

Chattel

A

Moveable Personal Properties

Item that can be removed without damaging the property

27
Q

Estate in Remainder

A

The person that the Original giving the property to before they die

28
Q

Leasehold

A

term for an asset being leased

29
Q

Tenancy for Years

A

A lease with a fixed period of time

30
Q

Periodic Tenancy

A

Tenant with a specific time. usually weeks, months, years

31
Q

Tenancy at Will

A

When tenant and landlord have not sign any contracts therefore the agreement could be terminated anytime

32
Q

Tenancy at Sufferance

A

Tenant who stays past the expiration of his or her lease

33
Q

Title

A

legal owner of a piece of property

34
Q

Seperate Ownership

A

Ownership that is own by one individual. Could be a person or a corporation

35
Q

Concurrent Ownership

Co- Ownership

A

When property is owned by 2 or more ppl @ the same time

36
Q

4 Types of Co Ownership

A

Tenancy in Common
Join Tenancy
Community Property
Tenancy in Partnership

37
Q

Types of Co Ownership

Tenancy in Common

A

share ownership. Owner can come in and out whenever and do not have to own equal share

38
Q

Types of Co Ownership

Joint Tenancy

A

When two or more parties own a real property

39
Q

Types of Co Ownership

Tenancy in Partnership

A

two or more ownership own the property for business purposes

40
Q

Types of Co Ownership

Community Property

A

Property acquired by spouse

41
Q

Right of Survivalship

A

Usually in joint co ownership, when one person die the other person get the right to that property

42
Q

Joint Tenancy Requirement

T-Tip

A

Times : Become tenants at the same time
Title : Both take title on a same Deed
Interest : Have equal interest in the property
Possession: Have equal rights to the property

43
Q

Riparian Rights

A

Landowner have the right to use the water on their land such as lake, pond river etc…

44
Q

Littoral

A

The area where the water and land meet, kinda like the coast

45
Q

Priority

A

The orders of deed and paper work recorded

46
Q

Recording Process

A

A process of copying paperworks and record them in proper index, alphabetical order under names of parties immediately