Real Estate Principles Flashcards

1
Q

what is a metropolis?

A

The Capital or cheif city of a country or region

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what is a megalopolis?

A

a very large, heavily populated city or urban complex

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are a property’s 5 bundle of rights?

A

Use, possess, Transfer, Encumber, Enjoy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is personal property and some examples?

A

Can be transferred or sold using a bill or sale and may be pledged as security for a loan. Examples are cash, negotiable instruments such as a promissory note, emblements, intangible assets, trade fixtures, cars, bank accounts, insurance policies, and patents.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is real property?

A

Land, Attachments, Appurtenances, Anything immovable by law

It also includes the legal bundle of Rights inherent in the ownership of real property.

When real property is sold, anything that has become attached to it goes to the buyer as part of the sale unless other arrangements have been made cc $658

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is land and what does it include?

A

Land is the physical component of real property and is three-dimensional because it includes surface, limited quantities of airspace above the surface, and the materials and minerals beneath the surface to the center of the earth.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are surface rights?

A

Surface is the topsoil and the rights to the use of the soil. Surface Rights include the right to build on the land, grow crops, hunt, fish, and the basic enjoyment of the land period it also includes the right to drill or mine through the surface when subsurface rights are involved period water on the surface, flowing in a stream or underground is real property. If it is taken and bottled then it becomes personal property.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are surface water rights?

A

Certain water rights that go with the land are considered real property. A person’s water rights do not exceed the amount reasonably needed for one’s own personal use.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the five test to determine a fixture? (MARIE)

A
Method of attachment
Adaptation
Relationship of the parties
Intention
Agreement of the parties
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are natural attachments?

A

Growing plants attached by its roots, such as trees, shrubs, and flowers. And there are two types of natural attachments Fructus Naturales & Fructus Industriales.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is an appurtenance?

A

Those rights and improvements that belong to and pass with the transfer of real property but are not necessarily a part of the actual property i.e. shed, pool

Anything used with the land for benefit. It means belonging to so, an Appurtenance does not exist apart from the land to which it belongs. Easements and stock rights in a mutual water company are the two most common appurtenances to real property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is an estate?

A

The ownership interests or claim of a person has in real property (either definite or indefinite.)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is a freehold estate?

A

And a state with an indefinite duration or that is measured by the length of someone’s life, it is also called an estate of inheritance.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is a non-freehold estate?

A

In estate with a fixed or determinable duration.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is an estate in fee? (Or fee simple estate)

A

An estate that is unqualified, of indefinite duration, freely transferable, and inheritable. It is known as an estate of inheritance or a perpetual estate because the owner May dispose of it in his or her lifetime or after death by Will.
The greatest ownership interest in real property.

If sold with no conditions or limitations it is known as fee simple absolute.
If it is sold with conditions it’s known as a fee simple subject to condition subsequent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is a life estate?

A

An estate that is limited in duration to the life of its owner or the life of some other chosen person.

If a third person or a person of no interest it’s called a pur autre vie

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is the holder of a life estate known as?

A

Life tenant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is an estate in reversion?

A

Amy Grant’s Bob a life estate with the provision that upon Bob’s death, the property reverts to amy. Bob is then the life tenant and Amy holds an estate in reversion.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is reserving a life estate?

A

When an elderly couple sells their property to a developer reserving the right to live on the property until their death when the developer will be able to take possession of the property.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is a non-freehold state?

A

Also called “less than freehold estate” or leasehold, is owned by renters or tenants.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is a chattels real?

A

Another name for a leasehold

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What are the four types of leasehold interest? (A leasehold interest in real estate and installation is known as tenancy)

A

Tenancy for years
Periodic tenancy
Tenancy at will
Tenancy at sufferance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Tenancy for years

A

It is for a fixed term and definite end date

It is not automatically renewable and does not require notice to quit at the end of the lease (must be renegotiated)

24
Q

Periodic tenancy

A

Refers to a leasehold interest that is for an indefinite period of time – usually month to month which requires a 30 days notice to quit. It automatically renews itself unless terminated by landlord or tenant.

25
Q

Tenancy at will

A

When a tenant obtains possession of the property with the owner’s permission, but without a rental agreement. It may be ended by the unilateral decision of either party with no agreed upon termination date but either party must give 30 days notice.

26
Q

Tenancy at Sufferance

A

A holdover Tenancy.

The tenants right to remain has expired (when a lease ends and there is no agreement for an extension or the conversion of that lease to a month to month tenancy). If the tenant does not leave, the owner must commence eviction proceedings to remove the tenant.

27
Q

The 4 unities of joint Tenancy

A

Time
Title
Interest
Possession

All must occur to have joint Tenancy

28
Q

What is community property?

A

All property acquired by spouses during a valid marriage -except for certain separate property- is called community property.

29
Q

Tenancy in partnership

A

Ownership by two or more persons who form a partnership for business purposes is known as a tenancy in partnership

30
Q

What are Emblements?

A

Annual crops cultivated by tenant farmers and sharecroppers

31
Q

Separate ownership

A

ownership by one person or one entity, such as a city or corporation

32
Q

4 types of Concurrent Ownership

A

Tenancy in common
joint tenancy
community property
tenancy in partnership

33
Q

Tenancy in common

A

2 or more people own undivided interests like a single estate

34
Q

4 characteristics of Tenants in Common

A

may take title at different times
may take title on separate deeds
may have unequal interests
have an undivided interest or equal right of possession

35
Q

Joint Tenancy

A

2 or more people own real property as co-owners with the right of survivorship

36
Q

4 unities of joint tenancy TTIP

A

Time - become joint at same time
Title - must be on same deed
interest - have equal undivided interest in prop
possession - have equal right of possession

37
Q

Community Property

A

All property acquired by spouses during a valid marriage

38
Q

Tenancy in Partnership

A

ownership by two or more persons who form a partnership for business purposes

39
Q

a formal declaration to a notary by a person who has signed an instrument

A

acknowledgment

40
Q

those rights and improvements that belong to and pass with the transfer of real property

A

appurtenance

41
Q

And ownership concept describing all the legal rights that attached to the ownership of real property

A

Bundle of Rights

42
Q

Interest owned by one person in the land of another person

A

Easement

43
Q

A legal interest in land; defines the nature, degree, extent, and duration of a person’s ownership and landA

A

Estate

44
Q

personal property affixed to least property by the tenant for business purposes that may be removed by tenant upon termination of the lease

A

Trade fixture

45
Q

the rights of a landowner whose land is next to a natural water course to reasonable use of whatever water flow is past the property

A

Riparian rights

46
Q

An estate and real property which continues for an indefinite period of time

A

Freehold estate

47
Q

Annual crops produced for sale by tenant farmers

A

Emblements

48
Q

Anything movable that is not real property

A

Personal property

49
Q

Land bordering a lake, ocean, or sea

A

Littoral

50
Q

Ownership of real property by one person or entity

A

Severalty

51
Q

Personal property aka

A

Chattel

52
Q

A leasehold estate; considered to exist for a definite period of time or successive periods of time until termination

A

Less-than-freehold estate

53
Q

An estate that is limited in duration to the life of its owner or the life of some other chosen person

A

Life estate

54
Q

Evidence of land ownership

A

Title

55
Q

Notice given by recording a document or taking possession of the property

A

Constructive notice

56
Q

The right to peace without aggravation by others

A

Quiet enjoyment