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Chapter 2-4 Rights, Ownership and Transfer
Real Estate MidTerm Study Cards
43
Real Estate & Planning
Not Applicable
07/09/2014

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Cards

Term
Allodial System
Definition
anyone with the means can acquire real estate
Term
Bundle of Rights
Definition
Control
Possession
Disposition
enjoyment
Term
Possessory Estate
Definition
Present right to occupy
Term
Non-Possessory
Definition
Right to occupy in the future
Term
Freehold Estates
Definition
Last for indefinite period of time to include life and fee estates and they can be inherited
Term
Fee Simple
Definition
can be inheritable owner possess entire bundle of rights
Term
Fee Simple Determinable
Definition
Based on certain limitations based upon time can be reverted back
Term
Fee Simple Condition subsequent
Definition
subject to a condition no automatic reversion
Term
Life estate
Definition
are freehold measured by the persons lifetime cannot be passed on
Term
conventional estate
Definition
usually created through deed, will or trust can use for his/her lifetime can be reverted to grantor or remainderman but must be specified
Term
Life estate pur autre vie
Definition
for the life of another
Term
Leasehold Estate
Definition
only for a specific amount of time in exchange for some consideration usually rent
Term
Escheat
Definition
Government has the right to take property when abandoned or owner dies without a will or heirs
Term
Specific Liens
Definition
only one parcel (property tax) Mechanic's Lien
Vendees Lien (sales contracts usually not recorded however, if making large earnest money deposit ) might want one
Term
General Liens
Definition
encumbers all real and personal property by debtor including properties owned before the liens
ex. judgement liens
Federal and state income taxes
federal and state inheritance taxes
decendents debts
Term
Easement appurtenant (Run with the land)
Definition
must be two separate properties with different owners the owner granting the easement is the servient estate
Term
Easement in Gross
Definition
Does not necessarily run with the land it is permission
Term
Condemnation
Definition
right to take land under eminent domain
Term
Convenants
Definition
promise in a sales contract of how the land may be used. The most restrictive will apply
Term
Encroachment
Definition
when attachment extends beyond legal boundaries of ownership
Term
Resolution
Definition
Corporations must adopt authorizing certain officers to act
Term
Tenancy in common
Definition
fewest restrictions
each can sell, mortgage or will
inheritable
Term
Joint tenancy
Definition
Cannot be inherited
right of survivorship
PITT required in some states.
Posession
interest
time
title
Term
Partition
Definition
If consent cannot be reached to dissolve Joint Tenancy
Term
Tenancy by the entirety
Definition
Husband and wife GA does not recognize
Term
Testamentary Trusts
Definition
Created by will after owner's death
Term
REIT (real Estate trust)
Definition
Must have a minimum of 100 investors
Term
Chain of Title
Definition
Proof of Ownership
Term
Alienation
Definition
Title to real property changes hands often it is called Alienation
Term
Accession
Definition
Acquiring new land by wind or water etc.
Term
Accretion
Definition
gradual build up of land through wind and or water or both
Term
Alluvion
Definition
The material deposited on the new land that creates this firm ground through Accretion is known as Alluvion
Term
Reliction or Dereliction
Definition
Increase in land when water recedes
Term
Avulsion
Definition
Sudden change in land mass due to flood, hurricane, earth quake etc
Term
Patent
Definition
a document used when the government conveys land to a private individual
Term
Nuncupative Will
Definition
Oral made in expectation of impending death Must be heard by witnesses and only for disposal of personal property
Term
Codicil
Definition
making changes or modifications on a will uses an instrument called a Codicil
Term
Not Essential To A Deed
Definition
-Date
-Habendum clause (To have and to hold)
-Reservations and exceptions
Term
Seisen (Seizen)
Definition
A Promise that the grantor does own the property and can convey it
Term
Attestation
Definition
witness to grantor's signature not a requirement for a valid deed but necessary in some states if the deed is to be recorded.
Term
Deed of Reformation
Definition
Used for correcting errors in another deed
Term
Constructive notice/
Definition
evidence of ownership in public records
Term
Actual Notice
Definition
Actual knowledge is from what is heard or seen
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