Property Ownership Flashcards

1
Q

third party

A

in an agency relationship, a person (or entity) with whom the agent deals as a representative of the client; can be involved in the transaction but not as one of the principals; referred to nationally as a customer

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2
Q

multiple listing service (MLS)

A

a service in which member brokers pool their listings and offer cooperation and compensations to the other member brokers usually owned and operated by a local association of REALTORS®

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3
Q

leasehold estate

A

the temporary right of a tenant to occupy real estate over the term of a lease

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4
Q

tenant

A

the party who has legal possession and use of real property

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5
Q

abandonment

A

when a tenant leaves a property before the expiration of the lease agreement

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6
Q

appurtenance

A

a property right, privilege, or improvement that is permanent and passed along when a property is sold unless a contrary intention is manifested; examples include rights-of-way, easements, water rights, and improvements; also an item that is permanently attached to a property so that it then becomes part of the property, such as an air conditioner

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7
Q

mineral rights

A

subsurface rights of an owner of real property which extend downward to the center of the earth; these rights are real property

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8
Q

trade fixture

A

an article of personal property or equipment that a business tenant installs for use in his/her trade that may be removed by the tenant before the lease expires

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9
Q

landlord

A

the owner of real estate who rents it to another individual

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10
Q

arbitration

A

two parties in disagreement agree to accept the decision of a third party who acts both as a mediator and a judge; this process avoids the excessive time and high costs of a court action

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11
Q

commission

A

an agent’s compensation for services performed in a real estate transaction, typically a percentage of the selling price or rent

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12
Q

chattel

A

a synonym for personal property that is movable; comes from the word “cattle”

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13
Q

interest

A

the sum paid or accrued in return for the use of money

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14
Q

zoning

A

a right of state governments to regulate the height, bulk, and use of private property to protect the health, morals, welfare, and safety of the public; usually delegated to the local level

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15
Q

lateral support

A

the right of a property owner to have his/her land physically supported by both adjoining land and underground structures

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16
Q

legal concept of land ownership

A

a three-dimensional definition of land as property on the surface as well as the space above it (air) and ground below it (underground)

17
Q

lease

A

a contract for a less-than-freehold estate or right in real property; a contract between an owner and tenant setting forth the conditions under which the tenant may occupy and use the property, including the length of occupancy

18
Q

market

A

financial environment

19
Q

air rights

A

legal authority for an individual to develop and control unused air space or vertical plane above land s/he owns

20
Q

appurtenant

A

attached to the land (such as a house) or the deed (such as a recorded easement)

21
Q

property owner

A

a person, partnership, or corporation acting as the client or principal in a property management agreement

22
Q

commercial property

A

a classification of real estate that includes income-producing property such as office buildings, gasoline stations, restaurants, shopping centers, hotels, and motels, parking lots, and stores

23
Q

agreement

A

a mutual understanding or arrangement; may or may not be a contract

24
Q

emblements

A

crops nurtured in the year of the transfer or sale of the property; considered to be personal property of the tenant, not the land owner

25
natural drainage
the unassisted flow of excess surface water derived from rain or snow into neighboring rivers and streams
26
exception
a part of real property described in the deed that is left out, withheld, or excepted from it
27
attachment
the legal process when real or personal property is seized by the court and held as security for satisfaction of a judgment
28
Test for Fixtures
M.A.R.I.A.; Method of Attachment, Adaptation, Relationship of the Parties, Intention of the Party Attaching, and Agreement