Study Real Estate Flashcards
Prep for the final
Bundle of Rights
- 1) Right to use/control. 2) Right to possession. 3) Right to quiet enjoyment. 4) Right to encumberment. 5) Right to Dispose
Right to use/control
The owner owns the land and can use the land in any way that they see fit (so long as it is within county laws). Example: Like hunting rights or building something on their property etc.
Right to dispose
The owner has the right to give the land over to someone else to own.
Right to encumberment
The owner has the right to place a lien on the house or get a mortgage.
Right to possession
The owner owns the property but can share all or part of the property with someone else.
Real Estate
The house and anything permanently attached to the land or house.
Real Property
Real property = Bundle of Rights + Real Estate
Chattel
Personal Property, anything easily moveable without damage to the property
Emblements
In regards to farm land, the crops are considered the previous owners or of the cultivator
Fixtures
Appurtenances attached to the land or improvements, which usually cannot be removed without agreement as they become real property; examples – plumbing fixtures, store fixtures built into the property, etc.
Personal Property
AKA Chattel, or any property that is not REAL PROPERTY (real estate + bundle of rights = real property)
Trade Fixture
In regards to commercial buildings, anything that can be removed by the seller/previous business.
Example: Bartender’s bar, hair dresser’s chairs etc… sometimes the HVAC system can be considered removeable but has to be agreed upon by seller.
Mobile Home Definition
Definition (WI):
-Built BEFORE June 15, 1976
-Longer than 45 feet.
-Designed to be towed in one or multiple sections.
-Designed for residential use
-Has rigidly built walls that don’t collapse.
-Must be a residential structure with or without a permanent foundation.
-Must have been built off-site.
-Complies with HUD standards for manufactured homes.
If someone owns the mobile home they own everything about it, HVAC + Plumbing, Electrical, etc.
When is a Mobile/Manufactured Home Considered Real Estate?
When it is hooked up to plumbing that is installed in the land. This means it will be unmovable.
When is a Mobile/Manufactured Home Considered Personal Property?
If it still has wheels and can be detached from the plumbing etc and moved it is considered personal property. Regardless of being on rented or owned land.
What are property rights?
6 of them. (Think, bundle of rights). Possession, enjoyment, disposition, control, and exclusion. + Any further agreements made by seller and buyer.
Possession
A property right. Possession of the property is exactly what it sounds like.
Transferring the deed of a property over to a new owner gives that new owner the right to possess the property.
If a person owns property and decides to sell it, they must have the right of possession already.
In other words, they can’t sell a piece of property that doesn’t belong to them.
If it belongs to them and another person together, they may or may not be able to sell it without the other person’s permission, depending on what kind of title they have.
Who has the right of possession after transfer of the home’s Title?
The buyer has right of possession and ownership of property. Even if they have a mortgage, they’re still the legal owner.
The mortgage lender is a lienholder, and doesn’t hold title to the property. That means the mortgage company doesn’t have the right of possession.
Disposition of Property
One of 5 bundle of rights. The owner can transfer ownership, either temporarily or permanently, to someone else. That “someone else” would generally be the buyer who would become the new owner. ***** It can only be fully realized if there’s no mortgage, lien, or other type of encumbrance. When a seller plans to transfer ownership of their property, any mortgage or lien that’s on the property has to be satisfied. Usually, that’s done at closing. The property then belongs to the new owner, but the right of disposition was never fully with the seller.
The right of Control
One of the 5 Rights. You have the right to control your property and what you do on it (similar to right of enjoyment- but enjoyment is about what activities you do on your land) Control is about what sort of things you do on your land like if you decide to run a pig farm or place fun lawn ornaments etc. You’re allowed to paint your house whatever color you want (unless there’s a Home Owner’s Association).
The right of Exclusion
One of the 5 rights. You have the right to allow people to be on your property or off your property. Think “No Trespassing” signs. Though there legally may have to be easements for public property or utilities that need fixing etc.
Property Insurance covers what?
Real property that is not the land. So ANYTHING BUILT ON THE LAND is covered by property insurance. A damaged tree or shrub a property insurance might cover that but for a very low cost to nothing. The land itself is not covered (dirt).
Differences between Modular Homes and Mobile Homes?
Modular homes are built in chunks and are moved to a forever spot. Whereas Mobile Homes can be in their forever spot OR given wheels and moved.
When a customer is buying property what Government controls do they need to consider?
Zoning laws/regulations, taxes, and building codes + any other regulations/laws/codes
What is a condominium?
- Units may be owner occupied, or used primarily for rentals, or vacation homes.
- All common areas, such as walkways, meeting rooms, swimming pools and other shared spaces in a condominium arrangement are JOINTLY OWNED by all condominium owners.
- Condominium renters/homeowners pay monthly or annual dues to cover the maintenance, repair and insurance expenses established by covenants and by-laws approved and voted on by a select board and owners.
International Building Code (IBC) guidelines for a high-rise?
Any structure with occupied living space over 75 feet above “the lowest level of fire department vehicle access” is considered a high-rise. Must have a staircase for exit.