Real Estate Vocab Flashcards
Bundle of rights
Rights that are inherent in ownerships
Acronym: DEEPC
Enjoyment Exclusion Disposition Possession Control
Reliction
Water recedes… new land acquired
Holder of life seat
Entitled to use property that is held in life estate
Estate in reversion
Held by the grantor of the original conveyance
Estate in remainder
Would be a reversion, but is instead transferred to someone other than the grantor
Percentage lease
Percentage of gross receipts
Net lease
Have to pay Triple net lease… taxes, insurance, maintenance
Gross lease
Set fee
Sandwich Lease
AKA… “sublet” Lessor is also the lessee
Subleases
Lessor is also lessee, aka Sandwich lease
Tenant improvement allowance
Landlord will compensate tenant for all or portion of funds required to construct the commercial space
Abandonment
Release of responsibility and/or ownership
Assignment
Giving responsibility and/or ownership to another
Transfer of contract rights
Surrender
Release of responsibility and/or ownership
Constructive eviction
Landlord either does something or fails to do something that he has a legal duty to provide
Estoppel statement
A signed statement by a party certifying for the others benefit that certain facts are correct. It determines party’s responsibilities in a commercial lease
Deed
Evidence of transfer of title
Quitclaim deed
Immediate transfer of ownership
Fixture
Runs with the Land… MARIA
Method of attachment Adaptability (necessary for home?) Relationship (seller vs landlord) Intent (why was it attached?) Agreement (supersedes everything)
Appurtenances
Things that run with the land… real property
Easement appurtenances
Goes with property… real property
Estate
Duration of ownership
Freehold estate
Infinite time and and ownership
Less than free hold estates
Designated time of ownership ex. LEASE
Fee simple estate
Absolute ownership except taxes
Fee simple defeasible/determinable
Can loose property based on a condition or condition subsequent
Life estate
Ownership based on someone’s life
Estate for years
Defined specific times. Start and end.
Periodic tenancy
Month to month/ week to week
Estate at will
End at anytime. (Not legal in many states)
Estate at sufferance
Tenant will never leave
Percentage lease
Percentage of gross receipts or sales
Net lease
Triple line, tenant pays for taxes insurance and maintenance
Gross lease
Set fee. Standard residential lease
Real property
Runs with the land… generally immovable
Personal property
Runs with the person… generally movable
Chattel real
Personal property
Trade fixture
Business related personal property
Riparian rights
Moving water
Littoral rights
Not moving water
Accretion
Increase size of porperty
Avulsion
Sudden tearing away of property
Reliction
Water recedes and new land is acquired
Fee simple defeasible
Can lose property from a subsequent condition… condition can lose title
Holder of life estate
Entitled to use property that is held in life estate
Estate in reversion
Held by the grantor of the original conveyance
A lease
Is personal property
Leasehold estate can be bought and sold on open market
Percentage Lease
Commercial type lease. Base rent plus a percentage of revenue from property. Percentage of gross receipts