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Real Estate- Chapter A1
Test preparation
43
Real Estate & Planning
Undergraduate 1
07/12/2019

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Term
land
Definition
the surface of the earth extending downward to the center of the earth and upward to infinity
Term
real property
Definition
land plus things permanently attached
Term
real estate
Definition
any interest in land
Term
types of real estate
Definition
non-Freehold
leasehold
corporeal
incorporeal
Term
chattel real
Definition
personal property- interest in real property. includes documents such as leases, mortgages, and land contracts.
Term
emblements
Definition
fruits of the industry such as annual growing crops
Term
appurtenances
Definition
anything that belongs to the real property such as water that runs with the land
Term
fixtures
Definition
an item of personal property that has been permanently attached to the property
Term
trade fixtures
Definition
fixtures used in a trade or business by a tenant. Sometimes called chattel fixtures
Term
accession
Definition
trade fixtures that are not removed by a tenant prior to lease expiration. becomes property of the landlord
Term
two ways to lose title by nature
Definition
erosion
avulsion (earthquake or mudslide)
Term
bundle of rights
Definition
all rights to the property only gov agencies can supersede.
Term
two ways to gain title to land by nature
Definition
accretion- material that builds up from erosion
reliction- gaining material to land by the receding of water
Term
contiguous
Definition
(next to) each party owns equal rights. For example- a river inbetween two properties would be split down the middle.
Term
littoral rights
Definition
ownership of property along large lakes seas or oceans
Term
riparian rights
Definition
ownership of property along bodies of water that flow
Term
Freehold estate
Definition
possession by ownership
Term
estate
Definition
the degree, quantity, nature and extent of ownership one has in real property
Term
tenancy
Definition
ownership- holding title
lease- gives possession
Term
interest in real property
Definition
one's rights, powers, privilege's and/or immunities
Term
fee
Definition
(can be inherited) today it is used to describe the degree of ownership
Term
title
Definition
the right to ownership of land (either original or derivative)
Term
Freehold estate
Definition
actual ownership of real property and unpredictable duration.
Term
inheritable fee estates
Definition
those inheritable by lineal heirs and collateral
Term
fee simple estate
Definition
(fee simple absolute) highest degree of ownership recognized by state. Length of ownership is unpredictable
Term
fee simple determinable
Definition
it is predetermined how you use the property. Terms given must be followed
Term
fee simple subject to a condition subsequent
Definition
a condition on how you must use the property. restrictions that prohibit future use
Term
fee simple subject to an executory interest
Definition
upon the happening of an event (death) the title is automatically transferred to a third party.
Term
life estates
Definition
limited in duration to the life of the owner or someone else's life.
Term
types of life estates
Definition
ordinary-terminates upon owner's death
pur Autre vie-based on life of some other person
Term
types of future interest
Definition
reversionary- future interest which is creates at the same time as another estate.
remainder- same as above but goes to 3rd party upon death
Term
types of leaseholds/tenancies
Definition
tenancy for years- definit period of time
periodic tenancy- period to period (months)
tenancy at will- uncertain duration
tenancy at sufferance- without consent of owner
Term
tenancy in severalty
Definition
owned by one individual or corporation (sole ownership)
Term
tenancy in common
Definition
each owner has complete possession of property
Term
joint tenancy
Definition
property owned by two or more persons with right of survivalship built-in
Term
joint tenancy requirements
Definition
unity of:
possession
interest
time
title
Term
tenancy by entirely
Definition
common law type NOT recognized in SC law
Term
Condominiums
Definition
the horizontal property act
master deed records all
Term
cooperative
Definition
corporation owns title
Term
timeshare or interval ownership
Definition
allows numerous buyers to buy interesting real estate
Term
partnership
Definition
two or more co-owners
can have general and limited partners
Term
LLC
Definition
A limited liability company is a combination of both a partnership and corporation. Has tax benefits.
Term
real estate investment trust
Definition
(REIT) 75% or more of income must come from real estate. Requires 100 shareholders.
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