Real Estate U exam Part 1 Flashcards
covers part 1 of the RealEstateU course
Provides a visual layout of a subdivision using tracts, totl acreage, lot size, etc
Plat
Hospitals, Jails, Libraries, Public Schools
Community Facilities
Used to determine max allowable sqft on property
Floor Area Ration (FAR)
What are the symptoms of Carbon Monoxide exposure?
Headaches, drowsiness, nausea, dizziness, chest pain
What are the symptoms of Formaldehyde exposure?
Neurological issues, myeloid leukemia, sinonasal cancer, nasopharangeal cancer
These types of storage tanks are excluded from federal UST regulations, but may have state requirements
Underground oil heating tanks
Laws that cover lakes, rivers, springs, streams, and underground wells
Safe Water Drinking Act (SWDA)
An area where trash is buried with a liner and has anti-contamination procedures in place
Landfill
Active whether items are on or off
Electric Fields
Only active when items are turned on
Magnetic Fields
A mineral fiber that is dangerous when able to be scraped or ground into a powder.
Friable Asbestos
A foam that is sprayed into small, oddly shaped spaces
Urea Formaldehyde Foam Insulation (UFFI)
A gas that is heavier than air, and is the highest leading cause of cancer
Radon
Cools by asorbing heat as vapor in low pressure & released under high pressure, causing a depletion of the stratospheric ozone layer.
Clorofluorcarbons (CFCs)
sections are numbered Right to Left, then down and Left to Right, and repeated through all 36 sections
Township Sections
a.East to West
b.North to South
a.Baselines
b.Meridians
Lengths and Measurements used to legally describe a property
metes
Boundaries used to legally describe a property
bounds
professional who lays out details of subdivisions using blocks
Licensed Surveyor
Most accurate way of identifying property
Legal Description
describes location of land w/ grid lines cut into squares using prime meridians, base lines, guide meridians, townships, standard parallels, sections
Government Survey
1 mile squared in acres
640 acres
a quarter quarter section
40 acres
plotted sections containing number, lot & block in subdivision
Lots & Blocks
6mi x 6mi or 36sqmi
Territorial Subdivision
36 miles at 1sqmi
Township
Oldest system of land measurement in the US
Metes & Bounds
Appropration, Expropriation, Condemnation
Terms that are included under Eminent Domain
Right to restrict activity or use of property on someone else’s land
Negative Easement
the person who retains the life estate interest
Life Tenant
How can you find deed restrictions on a property?
by doing a title search
gives landlocked parcel access to the public road
Easement by Necessity
Rent increases based on what is agreed upon in the lease
Graduated Lease
a. Single Net Lease
b. Double Net Lease
c. Triple Net Lease
a. Rent & Property taxes
b. & Insurance
c. & Maintenance, etc.
How can one remove deed restrictions from a property
by going to court for a judge’s ruling
Gives municipal inspectors right to enforce building codes
Police Power
Judgement lien, tax lien, mechanics lien, etc
Types of involuntary liens
right to transfer property via a will at death
devisable
when a lessee finds a new tenant to take over their lease
sublease
possible judgement when neighbor has been using claimants property for a long time
adverse possession
right of owner to sell/transfer property to someone else
Alienable
property taxes on this type of lease are calculated based on the size of the space
Double Net Lease
landlord pays taxes, maintenance, and operating fees
Gross Lease
Rent for this type of lease is based on tenant’s sales
Percentage Lease
land decreaes & water increases
erosion
tenant pays base rent plus taxes, insurance, & maintenance
Triple Net Lease
transfer of easement to another party by owner & current easement
Easement by grant
legal preferences for how liens are handled at sale of land
Priority
land increases & water decreases
Accretion
holdover tenancy
Estate at Sufferance
leasehold w/no set time period & ability for any to end it
Estate at Will
Owner dies w/o heirs & property reverts to the state
Escheat
tenant of home is responsible for property taxes, maintenance, property insurance
Life Tenant
Conditions, Restrictions, and Covenants
Deed Restrictions
Right to use of river & streams on or bordering property
Riparian Rights
open, hostile, & continuous use of a sub estate by the dominant estate
Easement by prescription
the type of interest the lessee has in a leasehold estate
personal property interest
aka Judgement lien
aka equitable lien
Easement by condemnation
Eminent Domain
The process when property taxes are not paid
a lien is placed, then foreclosure can be filed, followed by a forced sale
police power that limits how much landlords can charge for rent
rent controls
how long can ground leases last
99 years
leasehold with set period but no end date (month to month)
Periodic Estate
unwanted use of owners land by neighbor
encroachment
used to hold money for property taxes or to hold money before a sale is completed
Escrow account
gives permission to cross land
Affirmative easement
loss of land by action of bordering water
Avulsion
leasehold set for definite period of time
Estate for years
right of way/ use of another’s property
easement
the money or valuable item exchanged in a sale or lease contract
Consideration
a lien is a type of
encumbrance
distinguishing feature of joint tenancy
right of survivorship
Types of buildings that can be structured as a cooperative
apartment buildings
how can a tenant in common transfer their share of property
executing a deed of transfer, leaving property in a will or a trust
what kind of ownership does a condo resident have of their unit?
Fee Simple
What happens to a joint tenant’s share of a property at their death?
The share of the property passes to the other named joint tenant
Who can own property in severalty?
an individual, business entity, or trust
Who can own property in severalty?
an individual, business entity, or trust
What is the interest in property of a spouse whose name is not on the title?
Marital Interest
What is the definition of ownership in severalty?
one person owns all the rights associated with ownership of property
What are residents of a cooperative responsible for?
Utilities and interior maintenance of their unit
What kind of trust comes into being at the point of the grantor’s death?
testamentory trust
what is the legal proceeding that officialy severs co-ownership of property
Partition
What are the transfer rights of an owner in severalty?
To lease to, sell to, or put a mortgage on the property
this evidences a cooperative residents ownership rights
a certificate for shares of stock in the cooperative
individuals who inherit property or other assets from a trust
beneficiaries
for instance: siblings who own a divided portion of the entirety of a parcel of land
tenants in common
property acquired by one spouse that is not designated as separate ownership
community property
the type of ownership that a condo resident has of their unit
fee simple
Cooperatives are usually managed by
a board of directors
Reasons to create a trust include:
to limit federal and state estate taxes, to avoid probate, to prepare for blended families
tenants by the entirety include:
married couples
Terms for a person creating a trust include:
Settlor, Grantor, Trustor
How is the public made aware of a property tranfer through a deed?
By recording is with the county clerk, it is counted as public knowledge