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Florida Real Estate
Chapter 9
62
Real Estate & Planning
Not Applicable
06/05/2005

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
abstract of title
Definition
summary report of what the title search found in public record
Term
acknowledgement
Definition
formal declaration before a notary public by a grantor that he/she is signing of free will
Term
adverse possession
Definition
method of obtaining title to property by occupying it contrary to the interests of the owner
Term
alienation
Definition
act of transferring ownership, title, or an interest in real property
Term
chain of title
Definition
listing of all previous owners
Term
condemnation
Definition
taking of private property for public purpose under eminent domain
Term
construction lien
Definition
claim based on "unjust enrichment" (party performs labor or delivered materials without compensation)
Term
constructive notice
Definition
recording of a document that gives adequate "Notice to All"
Term
deed
Definition
written instrument that conveys title to real property
Term
deed restriction
Definition
provision placed in deeds to control future uses of property
Term
easement
Definition
the right to use another's property for a specific use
Term
eminent domain
Definition
gives government the power to take land from the owner through a legal process called condemnation
Term
encroachment
Definition
unauthorized use of another's property
Term
escheat
Definition
reversion of property to the state when an owner dies without a will or known heirs
Term
further assurance
Definition
covenant under a General Warranty Deed that guarantees the grantor will sign and deliver any legal documents that might be needed to make the title good in the future
Term
general lien
Definition
claim that may affect all of the properties of a debtor
Term
general warranty deed
Definition
standard, full-protection deed-
Term
grantee
Definition
new owner receiving title
Term
granting clause
Definition
provision in deed that specifies 1) names of parties involved, 2) words of conveyance, 3) description of property
Term
grantor
Definition
owner giving title
Term
gross lease
Definition
tenant pays fixed rent and the landlord pays all other expenses (taxes, insurance, repairs, etc.)
Term
ground lease
Definition
tenant leases- land only
Term
habendum clause
Definition
have & hold-
Term
intestate
Definition
without a will-
Term
lenders policy
Definition
1) issued for unpaid mortgage amount, 2) protects lender against title defects, 3) unlike owners title insurance, lenders title insurance is transferable.
Term
lien
Definition
claim on property for payment-
Term
lis pendens
Definition
a pending legal action (not a lien)
Term
net lease
Definition
typically commercial, the tenant pays a fixed rent plus property costs (maintenance and operating expenses)
Term
opinion of title
Definition
a list of any defects on the title and an attorneys opinion if the title is marketable.
Term
owners policy
Definition
1) issued for the total purchase price of the policy, 2) one-time premium is paid when issued, 3) the policy is not transferable.
Term
percentage lease
Definition
tenant pays rent based on gross sales received by doing business on leased property
Term
police power
Definition
authority of the government to protect the property, life, health, and welfare of its citizens
Term
quiet enjoyment
Definition
covenant under a General Warranty Deed that guarantees peaceful possession undisturbed by claims of title
Term
quitclaim deed
Definition
current owner (grantor) signs over to new owner all of his/her rights, title, and interest to the property
Term
restrictive covenants
Definition
conditions placed by developers that affect how land can be used in a subdivision
Term
seisin
Definition
seller gives buyer the right to "seize" the property
Term
specific liens
Definition
claims that affect only the property designated in the lien
Term
testate
Definition
with a will
Term
title insurance
Definition
protects policyholder from losses arising from title defects
Term
title search
Definition
examination of all public records to determine whether any defects exist on a title
Term
variable lease
Definition
tenant pays specific rent increases as agreed upon
Term
warranty forever
Definition
covenant under a General Warranty Deed that guarantees the Grantor will forever warrant the Grantee's title against defect
Term
Deed conveys (transfers) what?
Definition
legal title
Term
Personal Representative Deed
Definition
person appointed by will or court to settle on behalf of a deceased person
Term
convey
Definition
transfer
Term
private grant
Definition
a voluntary transfer of title from one private party to another
Term
public grant
Definition
a transfer of title from any level of government to a private party
Term
the three most important subcategories of public or governmental limitations on ownership of real property are
Definition
police power eminent domain taxation
Term
for a deed to be a valid competent
Definition
grantor and two witnesses must sign the instrument
Term
the sale contract does not specify the type of deed to be delivered use a
Definition
general warranty deed
Term
the process of taking property under the power of eminent domain is called
Definition
condemnation
Term
the purpose of recording a deed is to
Definition
give constructive notice of ownership
Term
the provision in the deed that names the parties and contains the granting clause is the
Definition
premises
Term
when a lis pendence is filed properly with the County Clerk it becomes a type of
Definition
constructive notice
Term
elements of a deed
Definition
C-consideration E-execution D-description of property D-delivery and acceptance I-interest or estate being conveyed N-names of grantee and grantor G-granting and the other appropriate clauses CEDDING
Term
special warranty deed
Definition
I have the right to sell have no responsibility on title
Term
guardian deed
Definition
for minors
Term
committees deed
Definition
all members of the committee must sign fiduciary disclosure stating that they are working with your best interest in mind
Term
testator
Definition
male
Term
testatrix
Definition
female
Term
decedent
Definition
deceased person
Term
devisee
Definition
recipient of real property
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