TRANSFER OF TITLE Flashcards
Exchanging like-kind property for like-kind property, resulting in a deferral of capital gains tax; also called a tax-free exchange
1031 EXCHANGE
Written history of property
ABSTRACT
A client level duty relating to account of earnest money, actions, etc.
ACCOUNTING
Gradual Build up of soil; person gains title to added land built up on property
ACCRETION
A customer level duty relating to disclosure of all material defects (including latent or hidden defects) to any customer; e.g., leaky roofs, leaky basements, etc.
ACCURATE
Occurs when a document, such as a deed, is signed by the seller in the presence of a notary public, acknowledging that this is a voluntary act
ACKNOWLEDGE
A situation where a person has actual or personal knowledge of a transaction, etc.
ACTUAL NOTICE
Based on value
AD VALOREM
Court appointed person to oversee estate distribution of deceased; only applies when one dies intestate (without a valid will)
ADMINISTRATOR
Squatters Rights; can gain title by using someone elses property continuously, openly and notoriously (without permission) for a certain period of time
ADVERSE POSSESSION
One who is hired to represent another
AGENT
In a real estate context, this relates to the word transfer; e.g., in a mortgage, an alienation clause allows the lender to call the loan due and payable if a property is sold or transferred, in other words, making the loan non-assumable
ALIENATION
A right, privilege or improvement that is permanently attached to the land
APPURTENANCE
A type of easement that runs with the land - tied to a particular property - given for the benefit of the particular land, e.g., shared driveway
APPURTENANT EASEMENT
A type of insulation wrapped around pipes that could be cancer causing. The best way to remedy is to encapsulate, i.e., seal the asbestos.
ASBESTOS
A total transfer of rights in a lease where the original tenant and new tenant are both liable to the landlord for the lease payments
ASSIGNMENT OF LEASE
The title given to someone who has the power of attorney; can sign on others behalf
ATTORNEY-IN-FACT
Sudden transfer; e.g., stream changing channel. With an avulsion, the boundary lines for a property remain the same as they were before the sudden change.
AVULSION
A type of deed transferring title from a seller to a buyer where the only promise made by the seller is the covenant of seizing (seller promises ownership of the property and the right to sell)
BARGAIN AND SALE DEED
Transfer of personal property through a will
BEQUEST
Where a party to a contract does not perform according to the terms of the agreement
BREACH
A commercial site where the possibility of environmental contamination exists
BROWNFIELD
An area separating two incompatible areas
BUFFER ZONE
Profit made on an investment item, such as real estate
CAPITAL GAIN
A client level duty exercising knowledge and skill
CARE
Comprehensive Environmental Response, Compensation and Liability Act. A federal law which prohibits the dumping of hazardous waste on property.
CERCLA
List of recorded documents
CHAIN OF TITLE
Another word for personal property; comes from the word “cattle”
CHATTEL
Any claim that impairs title; e.g. forged signatures or no signatures on deed, heirs of prior owner claiming title, etc.
CLOUD ON THE TITLE
Refers to a squatter`s rights to ownership once time period has been met
COLOR OF TITLE
Property acquired during marriage; spouses have equal interest in property
COMMUNITY PROPERTY
Where two or more own property together at the same time
CONCURRENT ESTATES
The PROCESS used to take the property when the government exercises the right of Eminent Domain
CONDEMNATION
Property deeded with conditions; e.g., must be used as a school. Also referred to as a defeasible fee
CONDITIONAL FEE
A multi-unit building where the occupants each own their individual units and receive a deed granting ownership of the property
CONDOMINIUM
A client level duty relating to maintaining confidential information of the client
CONFIDENTIALITY
An item of value; one must have consideration to have a valid deed or contract
CONSIDERATION
In leasing, a situation where the landlord constructively evicts the tenant by not maintaining the premises; e.g., no heat in the wintertime; lessee or tenant must actually leave the premises and is released from lease obligations
CONSTRUCTIVE EVICTION
Occurs when a document is recorded on the public record at the county courthouse; a person is responsible for knowing facts because of recording on the public record
CONSTRUCTIVE NOTICE
A multi-unit building where the people who occupy the units own stock in a corporation, thereby receiving a right to lease the unit from the cooperative itself
COOPERATIVE
A life estate interest a husband receives in property upon wife`s death, regardless of debts owned on the property
CURTESY
Voluntarily giving land to government; typically done by a developer
DEDICATION
Property deeded with conditions; e.g., must be used as a school. Also referred to as a conditional fee
DEFEASIBLE FEE
Title is transferred from seller to buyer when the deed is delivered and accepted
DELIVERY AND ACCEPTANCE
A transfer of rights in real property through a lease
DEMISE
Occurs when one dies intestate; probate judge then determines who receives the property of the deceased, such as children, parents, other family members, etc. In essence, judge determines who property descends or goes to
DESCENT
Improves the lots
DEVELOPER
Transfer of real property through a will
DEVISE
Receiver of real property through a will
DEVISEE
A client level duty relating to disclosing to a client all materials facts regarding the transaction
DISCLOSURE
Land benefited or in favor of the easement
DOMINANT TENEMENT
A life estate interest a wife receives in property upon husband`s death, regardless of debts owned on the property
DOWER
Going from a more active use to a less active use; e.g., multi-family to single family
DOWNZONING
A situation where a broker represents both buyer and seller at the same time; must have written prior permission from both parties and informed consent
DUAL AGENCY
Gives someone else the right to use a part of your property while you still retain the ownership rights
EASEMENT
Using someone else`s property continuously, openly and notoriously for a certain period of time - the adverse user then gains an easement to use that land
EASEMENT BY PRESCRIPTION
A type of easement not tied to any land but instead that is owned by a person or company, e.g., utilities, railroads
EASEMENT IN GROSS
Growing crops in the field; allows the seller to come back and harvest after the sale
EMBLEMENTS
The RIGHT of the government to take private property for public good. The property owner is paid compensation for the property
EMINENT DOMAIN
Trespassing; an improvement or appurtenance that extends across the property line; e.g., fences, tree limbs, etc.
ENCROACHMENT
Something that burdens or limits your title to a property, such as a lien or deed restriction (or) rights held by someone else in your property, such as through an easement
ENCUMBRANCE
Gradual wearing away of soil; owner loses title to land eroded away
EROSION
Liability insurance for real estate agents that protects against claims of failure to perform duties or mistakes being made
ERRORS AND OMISSIONS INSURANCE
A lease clause allowing a landlord to pass increased costs along to tenant; i.e., can raise rent to tenant if landlord`s costs go up
ESCALATION CLAUSE
The right of the government to take private property when an owner dies intestate (no will) and has no heirs; also applies if owner abandons the property
ESCHEAT
The degree, quantity, nature and extent of ownership interest in real property
ESTATE
A lease with a definite beginning and ending date
ESTATE FOR YEARS
A life estate whereby the property goes to a third party (named by the grantor) when the grantee (life tenant) dies
ESTATE IN REMAINDER
A life estate whereby the property reverts back to the grantor when the grantee (life tenant) dies
ESTATE IN REVERSION
A clause in a deed that lists any encumbrances the buyer is subject to; many times, referred to simply as the reservations clause
EXCEPTIONS AND RESERVATIONS CLAUSE
Only for owner-occupied properties; a person can write off up to $250,000 of capital gains if single, $500,000 if married; must have been your personal residence for 2 of the past 5 years; can use exclusion repeatedly, not just once in a lifetime
EXCLUSION ON HOMES
A type of listing where the owner and one broker are authorized to sell and receive a commission
EXCLUSIVE AGENCY LISTING
A type of listing where only one broker is authorized to sell and receive a commission
EXCLUSIVE RIGHT TO SELL LISTING
One named in will to carry out will
EXECUTOR
Type of deed used by the executor to transfer property to those named in will
EXECUTOR`S DEED
Refers to a contractual obligation where all parties have clearly stated their intentions
EXPRESSED
A title insurance policy that may cover more things than a standard policy, such as unrecorded liens, etc.
EXTENDED POLICY
A customer level duty relating to treating all customers fairly
FAIR
The maximum rights one can have in owning real estate; also called fee simple absolute.
FEE SIMPLE
Loyalty and trust; what an agent owes to a principal (client)
FIDUCIARY
Going from personal to real property; item that was once personal property but is now attached
FIXTURE
What we usually think of as OWNERSHIP. There is no definite ending date and it is for at least a lifetime.
FREEHOLD ESTATES
A promise made by the seller in a general warranty deed assuring the buyer that the seller will provide or sign documents in the future if necessary to help prove buyer`s title
FURTHER ASSURANCE
A person who represents someone else in several areas on an ongoing basis; e.g., property manager to owner; also salesperson to broker
GENERAL AGENT
Tax on land plus improvements; pays for school, police and fire protection, etc.
GENERAL ASSESSMENT
Insurance a real estate brokerage can obtain to protect against someone being harmed or injured on the brokerage premises
GENERAL LIABILITY INSURANCE
A lien that applies to all of one`s property, real and personal
GENERAL LIEN
The instrument used to transfer title from a seller to a buyer whereby seller gives buyer greatest protection; seller promises the covenant of seizin, quiet enjoyment, against encumbrances, further assurance and warranty forever
GENERAL WARRANTY DEED
A lease where the payments can go up or down, but are pre-determine
GRADUATED LEASE
The person receiving title to real property; typically the buye
GRANTEE
Words of conveyance in a deed; using property wording and verbiage in a deed
GRANTING CLAUSE
The person transferring title to real property; the seller
GRANTOR
A lease where the landlord pays taxes, assessments, insurance, etc.
GROSS LEASE
A lease for ground; usually long-term; e.g., farmers, gas stations, et
GROUND LEASE
In a deed, contains just these words: “To have and to hold”
HABENDUM
Insurance a real estate brokerage can obtain on business property to protect against vandalism
HAZARD INSURANCE
A law that protects a family`s home from creditors; does not apply to real estate taxes or home mortgage
HOMESTEAD
A customer level duty relating to being honest with customers
HONEST
Refers to a contractual obligation that is created by one`s action
IMPLIED
A lien for non-payment of income tax to the IRS (Internal Revenue Service)
INCOME TAX LIEN
A lease where the payments can go up or down but are based on some type of index, such as the consumer price index
INDEX LEASE
Dying without a valid will
INTESTATE
A form of ownership where two or more parties own property together; carries the right of survivorship (when an owner dies, the ownership interest goes to the surviving owners, not the heirs of the deceased)
JOINT TENANCY
A lien for personal debts; covers all real and personal property
JUDGMENT LIEN
A spot on the earth that goes down to the center of the earth and up to infinity
LAND
A federal law concerning lead based paint mandating the following disclosures prior to contract obligation for residential properties built prior to 1978: 1) buyers being given a pamphlet concerning lead based paint, 2) sellers disclosure to buyers of any known lead based paint on property and 3) buyers being given a 10 day inspection period regarding lead based paint.
LEAD BASED PAINT LAW
What we usually think of as RENTING or LEASING. It is for a definite period of time, i.e., a limited duration.
LEASEHOLD ESTATES
Receiver of lease (tenant)
LESSEE
Giver of lease (landlord)
LESSOR
Personal permission to use someone else`s property; does not encumber title as an easement does
LICENSE
A money encumbrance against a property
LIENS
A property that is deeded to someone for their life or the life of another
LIFE ESTATES
Latin for “pending litigation or action”
LIS PENDENS
Property bordering a lake or ocean
LITTORAL
(Fiduciary) A client level duty relating to doing what is in your client`s best interest
LOYALTY
Plan for a cities future growth
MASTER LAND PLAN
A lien designed for people who make improvements on property and are wrongfully not paid; e.g., contractors, sub-contractors and material vendors who are not paid for work performed or materials supplied
MECHANIC`S LIEN
A fungus that tends to grow in moist areas; very common in areas of high humidity or in properties that are too air-tight
MOLD
A voluntary lien where one uses property as security for a loan
MORTGAGE LIEN
(lender) A title insurance policy covering a lender for the outstanding loan balance
MORTGAGEE`S POLICY
A lease where the tenant pays all or part of taxes, assessments, insurance, etc. Taxes paid by tenant would be tax deductible for the tenant.
NET LEASE
Normally illegal; this is where the real estate commission is the sale price less the seller`s required proceeds
NET LISTING
Before zoning; similar to a grandfather clause; allows continued use of a property that is technically in violation of the current zoning law because the owner was using the property a certain way before the zoning change. Property can be sold as non-conforming use if buyer uses it the same as the seller had; however, if property burns down, generally property then must conform to the new, current zoning use.
NON-CONFORMING USE
A clause in a lease and lending document allowing for continuation of a lease even if the property is foreclosed on
NON-DISTURBANCE CLAUSE
Without permission (hostile); this is a requirement for a person claiming rights to a property either through adverse possession or an easement by prescription
NOTORIOUS
(Performance) A client level duty following instructions of a client
OBEDIENCE
A type of listing where everyone is authorized to sell and receive commission, including the owner; the only one who gets paid is the one who is the procuring cause (found the buyer)
OPEN LISTING
Costs incurred in a property management situation, such as utilities and repairs; does not include vacancies
OPERATING COSTS
Refers to a contractual obligation that is created by what appears to be; similar to implied
OSTENSIBLE
A situation where two structures share the same wall; e.g., a duplex
PARTY WALL
A lease where the rent is based on a percentage of sales; normally used in retail leases
PERCENTAGE LEASE
A lease that runs from period to period; e.g., a month-to-month lease
PERIODIC TENANCY
Anything that is easily movable; e.g., camera, grill, etc.
PERSONAL PROPERTY
(PUD) Diverse uses of land in one area; requires special zoning (referred to as overlay, cluster or density zoning)
PLANNED UNIT DEVELOPMENT
Keeping things in order; e.g., zoning and building codes fall under police power
POLICE POWER
A written document authorizing one to sign legal documents on behalf of another
POWER OF ATTORNEY
One who hires an agent for representation
PRINCIPAL / CLIENT
A special court for handling estates upon one`s death. Court determines who gets what property and in what amounts if the deceased died intestate (without a valid will)
PROBATE COURT
An agreement between an owner and property manager that shows basic duties of the property manager; generally this agreement does not contain a vacancy rate
PROPERTY MANAGEMENT AGREEMENT
A lien for non-payment of real estate taxes; this always takes priority getting paid off at a foreclosure sale
PROPERTY TAX LIEN
Protects broker in case negotiations extend past the expiration date of listing; this clause is normally standard in an agency agreement
PROTECTIVE PERIOD CLAUSE
(for anothers life) A life estate where the grantee owns a property based on someone elses life
PUR AUTRE VIE
A promise assuring no third party claims; e.g., in a lease, a tenant receives the right of quiet enjoyment from a landlord, thus relieving tenant from having to worry about another party claiming rights to that same space
QUIET ENJOYMENT
Court action to clear a cloudy title; e.g., ownership disputes, adverse possession claims, encroachments, etc.
QUIET TITLE SUIT
A type of deed transferring title from a seller to a buyer where NO promises are made by the seller. The seller says IF I own it, but I`m not saying I do, I give you whatever rights I MAY have. This deed is typically used to quiet cloudy titles.
QUITCLAIM DEED
Naturally decaying radioactive gases in the ground that can infiltrate built structures, such as houses; can be cancer causing
RADON GAS
Government regulations relating to subdivisions; e.g., most cities require streets, sewers, easements, etc.
REGULATIONS
Third party who receives fee simple title upon death of the grantee (life tenant)
REMAINDERMAN
A form of life estate where the seller sells the property but retains (reserves) a life estate interest in that same property for the seller`s lifetime
RESERVATION
A private agreement contained in a deed that restricts the use of a property; e.g., certain types of fences or roofs required. Also referred to as restrictive covenants or deed restrictions.
RESTRICTIONS
A private agreement contained in a deed that restricts the use of a property; e.g., certain types of fences or roofs required. Also referred to as deed restrictions
RESTRICTIVE COVENANTS
Upon expiration of a lease, the property goes back to original lessor (landlord); also, a life estate in reversion is where once a grantee (life tenant) dies, the property goes back to original grantor
REVERSION
Found in joint tenancy, when one owner dies, the ownership interest passes to the surviving owners
RIGHT OF SURVIVORSHIP
Property bordering a flowing waterway; e.g., river or stream
RIPARIAN
A title insurance clause stating that certain items are excluded from coverage; e.g., government regulations such as zoning
SCHEDULE OF EXCEPTIONS
Seized of title; A term where seller promises ownership of property and has the right to sell
SEIZIN
Property acquired before marriage; individual spouses retain sole ownership interest
SEPARATE PROPERTY
Land burdened by the easement
SERVIENT TENEMENT
A situation where one person only owns the property; also, how corporations take title
SEVERALTY
Going from real to personal property; e.g., cutting down a tree
SEVERANCE
Transfers property to buyer at foreclosure sale; e.g. for non-payment of mortgage
SHERIFF`S DEED
A federal law that prohibits groups of brokers setting a fixed price for services
SHERMAN ANTI-TRUST LAWS
A person who represents someone else one time in one area; e.g., broker to seller
SPECIAL AGENT
Property tax for improvements that benefit certain properties; e.g., sewers and sidewalks
SPECIAL ASSESSMENT
A type of deed transferring title from a seller to a buyer. However, the seller only makes promises regarding ownership, encumbrances, etc. during the time period in which the seller owned the property, no promises before that.
SPECIAL WARRANTY DEED
A lien that applies only to one specific property
SPECIFIC LIEN
Changing the zoning of one particular spot; normally for public good
SPOT ZONING
A title insurance policy that covers forged documents, undisclosed heirs, etc.
STANDARD POLICY
An agency situation where one agent is authorized to use another agent to represent the client; historically, this is where two brokers, the listing and selling broker, both represent the seller; buyer is a customer and is unrepresented
SUB-AGENCY
Divides land into lots for sale
SUBDIVIDER
A partial transfer of rights in a lease where just the original tenant remains liable for the lease payments; the new tenant is a lessee of the original tenant
SUBLEASING
Signing over rights in a claim to a title insurance company in return for getting paid off
SUBROGATION
A lawsuit where one of the owners institutes court action to force sale of property by all parties
SUIT TO PARTITION
A public official who appraises property for tax purposes to determine only the assessed value
TAX ASSESSOR
Total of all assessed values
TAX BASE
Transfers property to buyer at foreclosure sale for non-payment of taxe
TAX DEED
Exchanging like-kind property for like-kind property, resulting in a deferral of capital gains tax; also called a 1031 exchange
TAX-FREE EXCHANGE
A lease where the tenant stays over without permission; landlord suffers
TENANCY AT SUFFERANCE
A lease where the tenant does have permission to occupy but nothing is in writing; e.g., a landlord continuing to accept rent from a tenant even after expiration of the original lease
TENANCY AT WILL
Very similar to joint tenancy, with the difference being that the owners must be husband and wife
TENANCY BY THE ENTIRETIES
An individual interest in group ownership; the ownership interest can be unequal, the parties all share possession, and the heirs of the deceased receive the property upon the death of one of the owners (ownership does NOT transfer to the other co-owners)
TENANCY IN COMMON
Dying with a valid will
TESTATE
Deceased person who had made a will
TESTATOR
Fee simple ownership to a unit for a set period of time each year; interval ownership
TIME SHARING
Insures the title to a particular piece of property
TITLE INSURANCE
Item installed by a commercial tenant for business use; e.g. display cases
TRADE FIXTURES
After zoning; this is a small deviation in the current zoning law that still conforms to the over all general plan for the area. Variances are generally granted for things like setback requirements, front footage requirements, etc
VARIANCE
A type of easement for viewing across another`s propert
VIEW EASEMENT
A promise made by the seller in a general warranty deed that says if the seller provides faulty title, the seller will return the purchase price money back to the buyer; in essence, a money back guaranty
WARRANTY FOREVER
Difference between earth`s surface and percolating water
WATER TABLE
A procedure where a sheriff seizes property and sells to satisfy a judgment
WRIT OF EXECUTION
The regulation of structures and uses of property within designated areas
ZONING
