todo junto Flashcards
Freehold Estate
no fixed duration of ownership
Fee Simple Defeasible
Possesses the property as a fee simple subject to a condition
Less than Freehold Estate
limited period of time
Estate for Years
defined period of time
- for example 6 months or july 3rd - september 8th
Percentage Lease
based on a percentage of gross receipts
Net Lease
tenant pays taxes, insurance and maintenance
Gross Lease
tenant pays fixed amount
Sandwich Lease
primary party is lessee and a lessor
Subleases
Grants possession but not responsibility
Assignment
Grants possession and responsibility
Surrender
agreement to return the property to the owner (landlord) before the lease ends.
Constructive Eviction
landlord fails to do something that he/she has a legal duty to provide.
A Grant Deed
transfer of real property from one person or entity to another person or entity. Each
party transferring an interest in the property, or “grantor”, is required to sign it
A Quitclaim Deed
Deed releasing a person’s interest with no warranties. Typically in non-sale situations
Warranty deed
a deed that guarantees a clear title to the buyer of real property
Special Warranty Deed
Seller only warrants or guarantees the title against defects that may have arisen during the period of ownership of the property.
General Warranty Deed
Seller warrants or guarantees the title against defects that may have arisen during
the entire life of the property
Title
ownership
Chain of Title
history of ownership which shows conveyances and encumbrances
Cloud on Title
Defect in title ie.. single women married
A Quiet Title Action
a lawsuit in order to establish a party’s title
Alienation of Title
capacity of property or a property right to be sold or transferred
Title Insurance
Ensure clear and marketable title
Standard Policy of Title Insurance
Standard coverage includes:
- Defects that are found in public records
- Forged documents
- Incompetent grantors
- Incorrect marital statements
- Improper delivery of deeds
ALTA Policy of Title Insurance
Protects real property owners and mortgage lenders against losses from defects in
titles.
Extended Policy of Title Insurance
Includes everything in a standard policy plus defects found in a property inspection.
Which would include unrecorded rights of parties in possession, examination of survey. unrecorded liens, not known by a policy holde
Concurrent Estate
ownership with others
Joint Tenancy
TTIP right of survivorship
Severalty
sole ownership
Tenancy in Common
unity of possession
dominant tenement
Gaining the benefit of the easement
servient tenement
Suffers the burden of an easement
Appurtenant Easement
right to use adjoining property that transfers with the land
Easement in Gross
no dominant tenement
Think of it this way: easements in gross attach to a person, easements appurtenant attach to the land (and are most often between two adjoining pieces of property
Grandfather Clause
exempt from new rule
Building Codes
protect public health, safety and general welfare
Intestate
no will