RE Prep
Terms
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- Legal Aspects - Property
- Rights ir intrests in the thing owned.
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Leagal Aspects - Property
Real Property -
Immovable
Barring Wall
Not Lease Hold Estate -
Leagal Aspects - Property
Fixtures -
Incorporated into land
Not Cost
Not time of attatchment -
Leagal Aspects - Property
Fixtures - Trade Fixtures - Business Office
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Leagal Aspects - Property
Run with the Land -
Easements, water company, stocks, covienance, minerals
No seperate covinance -
Leagal Aspects - Property
Personal Property - Hypothacated, alienated, become real propery
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Leagal Aspects - Estates
Fee Simple Estate (Fee Estate) -
Indefinate Duration
Freehold Estate
Most Intrest
Not Free of Encumburances
Inheretance -
Leagal Aspects - Estates
Fee Simple Defeasible -
No Alcohol
(church) -
Leagal Aspects - Estates
Life Estate, Property of Leased - Owner dies, lease terminates
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Leagal Aspects - Estates
Less-Than-Freehold Estates (Leases) -
Lessees
Not necessary to sign
6 months - estate for years
Personal property, chatel real -
Leagal Aspects - Estates
Less-Than-Freehold Estate (Leases)
Sublease -
Transfers pocession
Can sublease or assign if not mention -
Leagal Aspects - Estates
Less-Than-Freehold Estate (Leases)
Quiet Enjoyment - Paramount Title
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Leagal Aspects - Estates
Less-Than-Freehold Estate (Leases)
Abandonment - Tenant leave voluntarily
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Leagal Aspects - Estates
Less-Than-Freehold Estate (Leases)
Percent lease - Based on gross reciepts
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Leagal Aspects - Estates
Less-Than-Freehold Estate (Leases)
Security Deposits - Furnished or Not
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Leagal Aspects - Estates
Less-Than-Freehold Estate (Leases)
Estate for years - fixed period
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Leagal Aspects - Estates
Less-Than-Freehold Estate (Leases)
License - personal, revokable
- Leagal Aspects - Title Vesting
- Tenancy = method
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Leagal Aspects - Title Vesting
Severalty - individual; sole ownership
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Leagal Aspects - Title Vesting
Joint Tenancy (TTIP) -
Equal interest
One title
Cannot Will
Free of unsecured debts -
Leagal Aspects - Title Vesting
Tennacy in Common -
Can convey seperatley
Unity of posession -
Leagal Aspects - Title Vesting
Community property - Husband & Wife
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Leagal Aspects - Title Vesting
Community propery
Agreement to sell -
Unenforceable
(sales contract) -
Leagal Aspects - Transfer of Title
Cloud on Title - Single woman married
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Leagal Aspects - Transfer on Title
Quiet Title Action - remove a cloud
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Leagal Aspects - Transfer on Title
Alienation -
Opposite of acquisition
Convey -
Leagal Aspects - Transfer on Title
Eminent Domain -
For public use, taken by the government
Individuals dont have
Owner must be paid just compensation -
Leagal Aspects - Transfer on Title
Police Power - zoning
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Leagal Aspects - Transfer on Title
Escheat - Individual cant use
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Leagal Aspects - Transfer on Title
Accretion - natural causes
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Leagal Aspects - Transfer on Title
Avulsion - Dam braeks
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Leagal Aspects - Transfer on Title
Probate Sale - Commision - - Set by court
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Leagal Aspects - Transfer on Title
Intestate succession - no will (no heirs)
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Leagal Aspects - Deeds
Purpose - Transfer Intrest
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Leagal Aspects - Deeds
Grant Deed -
Executed when signed by grantor
Not neccessary to be recorded -
Leagal Aspects - Deeds
Quitclaim Deed -
Conveys rights of grantor
No covenience - covenance????? -
Leagal Aspects - Deeds
Deed Essentials -
Granting clause
Legal compitance of grantor
Not acknowleged
Delivered and accepted -
Leagal Aspects - Recording
Constructive Notice -
Given by recording
First to process or record gets property -
Leagal Aspects - Recording
Acknowledgement - Employee with out intrest
- Emcumbrances
- Limits Title
- Encumbrances - Easements
- Encumbered
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Encumbrances - Easements
Prescriptive Easements -
No confrition with owner
Can easily be terminated for non use -
Encumbrances - Easements
Termination of Easements -
Dominant tenant records quitclaim deed
??? Spelling -
Encumbrances - Easements
Appurtenant Easements - Buyer has same rights
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Encumbrances - Easements
Confirmed by - Quiet title suit
- Encumbrances - Restrictions
- Most restricted restriction restricts
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Encumbrances - Restrictions
Private Restrictions -
Fifteen thousand sq ft (15000 sqft)
Grantor or developer -
Encumbrances - Restrictions
Private Restrictions
Condition - Penalties are more severe