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WA RE Fundamentals
Estates in Land and Methods of Holding Title
32
Real Estate & Planning
Not Applicable
06/16/2010

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
estate
Definition
refers to interest in land that is or may become possessory
Term
2 types of estates:
Definition

1.  freehold estate

 

2.  leasehold estate (less-than-freehold estate)

Term
freehold estate
Definition
interest in real property that has an indeterminable duration; the holder is the owner
Term
leasehold estate
Definition
an estate that has limited duration; holder is a tenant who has possessory rights but not title to property
Term
 'fee simple estate' is AKA (4):
Definition

1.  fee

 

2.  fee simple

 

3.  fee simple absolute

 

4.  estate of inheritance

Term
fee simple estate
Definition
the highest and most complete form of ownership, which is of potentially infinite duration
Term
qualified fee estate
Definition
a fee simple estte that carries qualifications, so that ownership may revert to grantor if specified events occur or a condition is not met
Term
qualified fee estate is AKA (3):
Definition

1. defeasible fee

 

2. base fee

 

3. conditional fee

Term
fee simple determinable
Definition

ends automatically if condition is violated; property reverts back to grantor WITHOUT legal action by grantor

 

('so long as', 'during', 'until')

Term
fee simple subject to a condition subsequent
Definition

doesn't end automatically when condition is breached; grantor must take some action to terminate estate

 

 

('if', 'on the condition that')

Term
life estate / estate for life
Definition

a freehold estate whose duration is limited to the lifetime of a specified person or persons

 

measuring life may be tenant or another person

Term
estate in reversion
Definition
reverts back to grantor at end of measuring life
Term
estate in remainder
Definition
property reverts to a person other than grantor upon death of life tenant, called the remainderman
Term
4 types of leasehold estates:
Definition

1. estate for years (tenancy for years)

 

2. periodic estate (periodic tenancy)

 

3. estate at will (tenancy at will)

 

4. tenancy at sufferance

Term
estate for years
Definition

leasehold estate with a FIXED TERM (not necessarily years)

 

automatically terminates upon term expiration; no notice needed

Term
'period estate' is AKA:
Definition
periodic tenancy
Term
periodic estate
Definition
a leasehold estate that is renewed at the end of each period unless one party gives notice of termination
Term
estate at will
Definition
a leasehold estate that may arise after a periodic tenancy or an estate of years terminates
Term
'estate at will' is AKA:
Definition
tenancy at will
Term
tenancy at sufferance
Definition

initially tenant came into possession legally, but continues to hold lease after expiration without consent of landlord

 

procedures for eviction can follow 

Term
waste
Definition
permanent damage to real property caused by the party in possession, harming the interest of other estate holders
Term
3 forms of concurrent ownership recognized in WA:
Definition

1.  tenancy in common

 

2.  joint tenancy

 

3. community property

Term
right of survivorship
Definition
upon death of a joint tenant, their interest automatically passes by operation of law to the other joint tenant(s)
Term
4 'unities of title' that distinguish joint tenancy:
Definition

PITT

 

Unity of:

 

Possession

Interest

Time

Title

Term
syndicate
Definition
group of individuals who come together and pool their resources to carry out an enterprise
Term
syndicates may be organized as (5):
Definition

1. partnership

 

2. corporation

 

3. limited liability company

 

4. joint venture

 

5. trust

Term
ownership in severalty
Definition
sole ownership of property
Term
tenancy in common
Definition
joint ownership where there is no right of survivorship
Term
corporation
Definition
an artificial person; legal entity separate from its shareholders
Term
Condominium
Definition
property developed so indivdual unit owners have separate title to their own units, but share ownership of the ocmmon elements as tenants in common
Term
cooperative
Definition
property owned by a corporation and tenanted by shareholders in the corporation who have proprietary leases for their units
Term
timeshare
Definition
interest in a condominium unit that entitles holder to occupy unit during specified time slot every year
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