Vocab Flashcards
Right & interest of having title such as possession, control, exclusion, sell, and of
enjoyment
Bundle of Rights
- goes with the property
- Generally immovable
Real Property
- goes with the person
- Generally movable
Personal Property
- personal property
Chattel
- was personal and is now real
Fixture
personal because it goes with a business
Trade Fixture
river - moving body of water
Riparian Rights
additional of land
Accretion
tearing away of land
Avulsion
gradual recession of water leaving land permanently uncovered.
Reliction
Runs with the land
Appurtenances
no fixed duration of ownership.
Freehold Estate
- highest possible ownership..
- also know as fee simple absolute
Fee Simple Estate
ownership of land for the duration of a person’s life
Life Estate
- defined period of time
- for example 6 months or july 3rd - september 8th
Estate for Years
landlord is suffering as tenant is in possession passed agreed upon time.
Estate at Sufferance
possession but not ownership from lessor to lessee
- considered personal property
Lease
tenant pays taxes, insurance and maintenance
Net Lease
tenant pays fixed amount
gross lease
landlord fails to do something that he/she has a legal duty to provide.
Constructive Eviction
evidence of transfer
Deeds
Deed releasing a person’s interest with no warranties. Typically in non-sale situa-
tions
A Quitclaim Deed
deed that guarantees a clear title to the buyer of real property.
Warranty Deed
Seller only warrants or guarantees the title against defects that may have arisen dur-
ing the period of ownership of the property.
Special Warranty Deed
Seller warrants or guarantees the title against defects that may have arisen during
the entire life of the property.
General Warranty Deed
ownership
title
Defect in title ie.. single women married
Cloud on title
lawsuit in order to establish a party’s title
Quiet title action
sole ownership
Severalty
TTIP right of survivorship
Joint Tenancy
all parties have unity of possession
Tenancy in Common
Gaining the benefit of the easement
dominant tenement
Suffers the burden of an easement.
servient tenement
no dominent tenament
Easement in Gross
States ability to regulate for the betterment of the health, safety, morals, and general
welfare of community.
Police Power
Police power that divides and into areas for designated uses
Zoning
A type of zoning variance where a parcel of land may be given an exception from
current zoning ordinances due to improvements made by a prior owner or before the
current zoning ordinances made the desired use non-conforming under local law.
nonconforming use
codes that protect public health, safety and general welfare
Building codes
Reversion of property to the state when the owner dies without heirs.
Escheat
financial charge by a state to fund various public expenditures
taxation
Latin for according to value
Ad Valorem
Government ability to take private property for public use
Eminent Domain
Process of compensating a person when property is taken by eminent domain.
Condemnation
When a structure is built in part on a neighbor’s property.
Encroachment
money owned
Liens
lien against all personal property
General Liens
lien that is on a single property
Specific liens