Vcvdfh Flashcards
Clauses in a deed limiting the future uses of the property. May impose a variety of limitations and conditions, such as limiting them density of buildings, dictating the types of structures that can be erected, and preventing buildings from being used for specific purposes.
Deed restrictions
Generally enforced by a homeowners association or by a property owner who is affected
Deed restrictions
Lease for a definite period of time terminating automatically without notice by either party.
Tenancy or estate for years.
Lease for an indefinite period of time without a specific expiration date; notice must be given to terminate.
Tenancy from year to year or periodic estate.
Lease that gives the tenant the right to possess with the consent of the landlord for an indefinite period of time; terminated by either party giving notice or by the death of either he landlord or the tenant.
Tenancy at will
Tenant continues to hold possession without the consent of the landlord.
Tenancy at sufferance or holdover tenancy.
Tenant pays fixed rent, while landlord pays all taxes, insurance, etc.
Gross/fixed lease
Tenant pays rent plus all or part of property charges.
Net lease
Usually provides for minimum fixed rent plus a percentage of the portion of tenants business income that exceeds a stated minimum.
Percentage lease
Provides for specified rent increase at set future dates.
Graduated lease
Allows rent to be increased or decreased periodically based on agreed index, such as the change in the government cost of living index.
Index lease.
Items installed by a commercial tenant according to the terms of a lease and removable by the tenant before the expiration of the lease - personal property.
Trade fixtures.
If not removed, the trade fixture becomes
Real property by accession.
Used in many ways in real estate including: access with which a property can be viewed by a buyer or renter, access to commercial properties, or access to living or working in a building for people with disabilities.
Accessibility/ADA requirements
Allows investor to recover cost of asset through tax deductions over useful life of asset.
Tax depreciation