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Power of the state to enact laws |
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right of the government to acquire privately owned real estate for public use |
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the process the government uses to exercise the right of eminent domain |
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a government charge on real estate to raise funds |
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the transfer of ownership of property to the government when a person dies without heirs or a will to direct the disbursement of property |
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Acronymn for the four kinds of tenancy:
will
years
periodic
sufferage |
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(1.) holding of lands, by any kind of title
(2.) a mode of holding an estate in property
(3.) a form of ownership of property
(4.) a temporary possession or occupancy of property (lease) belonging to another |
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leasehold tenancy where either the landlord or the tenant may terminate by giving reasonable notice |
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A tenancy for a specific period of time |
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Estate existing for some period of time determined by the term of the payment of rent |
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4 Government Powers
Police Powers
Eminent Domain
Taxation
Escheat |
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the state's authority passed on to municipalities and counties |
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Whatever hold you have in property |
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tenant remains in possession of property after the end of the lease until the tenant is evicted or leaves of free will |
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Leaving tenancy for years before the lease is fulfilled by the tenant |
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The act of a landlord doing something or failing to do something they are legally bound to do thus rendering the property uninhabitable to encourage the tenant to leave |
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Ownership rights to land that are not part of a lease |
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Three types of Freehold Estates |
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(1.) fee simple
(2.) life estate
(3.) fee tail |
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own estate for life and transferable to heirs |
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ownership is limited to the duration of grantee / some person's lifetime |
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Life estate pur autre vie |
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term of estate depends on the life of a person other than the life of the tenant |
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Property reverts back to the original grantor at the end of the life estate |
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Any person other than the original grantor who has been given the reversionary interest |
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life estate created for a wife |
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life estate created for the husband |
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Life Estate established by the state |
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3 kinds of Legal Life Estates |
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(1.) Dower
(2.) Curtesy
(3.) Homestead Exemption |
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Are marital life estates inheritable |
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Protects family against creditors as long as you live in the house. Only one homestead per family at a time |
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Fee tail / "heirs of the body" |
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lasts as long a a person's descendants' live, generation after generation. |
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Four Types of Fee Simple Estates |
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(1.) fee simple absolute
(2.) fee simple determinable
(3.) fee simple subject to condition subsequent
(4.) fee simple subject to executory limitation |
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transfer of property without conditions |
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No qualification or restriction on the estate |
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Three phrases that create a fee simple absolute |
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(1.) to "x"
(2.) to "x and heirs"
(3.) to "x in fee simple" |
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Automatically reverts to grantor |
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transfers to grantee based on conditions |
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Fee simple subject to condition subsequent |
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subject to future conditions |
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Fee simple subject to executory limitation |
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Has a condition placed on it in favor of a new Grantee rather than the Grantor |
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owned by a single person or legal entity |
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Tenancy in Common, Joint Tenancy, Tenancy by the Entirety, and Community Property
Property is owned by more than one person or entity |
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concurrent owners own a fractional interest in the property
When division is not stated, it is considered equal: i.e., four concurrent owners would be 25% each |
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Is Tenancy in Common Inheritable? |
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tenants have undivided interest with right of survivorship meaning that "partners" get the property as the other tenants die |
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4 unities required to create a joint tenancy |
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P - I - T - T
possession, equal rights to possession
interest, joint tenants must be equal
time, tenants must obtain interests at the same time
title, obtain interests on the same dead |
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Can a "joint tenant" owner sell their ownership? |
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Only by permission of all others |
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tenancy for married couples |
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Can Tenancy by the Entirety interests be conveyed by an individual? |
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Only with permission of the other spouce. |
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Property owned before marriage stays property of the individual
Property acquired after the marriage is "ours" or community property |
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legal instrument created when the owner of the property (trustor), transfers assests to the trust |
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Living Trust / inter vivos trust |
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created by the trustor during their lifetime giving them control of the assests until they die at which time they pass directly to the beneficiaries
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In a Living Trust, may the Trustor also be the Trustee |
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(1.) avoid the cost and delay associated with probate
(2.) provide for automatic transfer of property when the owner dies
(3.) provide for management of trust if the owner/trustor/trustee becomes incapacitated |
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Created by a will upon the death of the Trustor |
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Contains only land
Trustor benefits as long as they live
Usually termed for 20 years or more
Trustee may resign and convey title to beneficiary at any time
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States that use Mortgages to secure land loans |
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Real Estate Investment Trust / REIT |
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Business Organization created by Congress |
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(1.) minimum of 100 investors
(2.) no fewer than 5 investors may own more than 50%
(3.) 95 % of gross income must be derived from investment income
(4.) 75% of trust's gross income must come from real estate
(5.) 95% of net income must be distributed in the year earned |
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owners own their own unit and a share of the common elements |
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Tenants own shares of stock in the corporation and have a long-term lease (proprietary lease) to occupy a unit in the building
Governed by an elected board
stock holders must give other coop members first right of refusal |
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right to own or lease a specified time interval in a properity |
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A fee simple interest is purchased which allows the owner to own the unit for the same time period each year in perpetuity. |
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The right to use the property for the same time period each for a certain number of years. After that period / number of years, any rights held by the owner end. |
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Generally cannot own real estate but Arkansas allows it
Each partner has unlimited liability |
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Partners have right to participate in the management
Partners have unlimited liability |
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Includes at least one general partner
and
one or more limited partners
General partner controls and is liable
Limited partners are only liable to the extent of their investment |
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Two or more people or businesses pool their money to invest in real estate |
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Created for a specific purpose for a definite time |
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Artifical person
may hold title to real estate
Shareholds are liable to the extent of their investment |
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Limited to 100 stockholders
profits and losses are passed on to the stockholders
President or Secretary usually may legally transfer titles |
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Limited Liability Company LLC |
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Definition
Have benefits of C & S
avoid double taxation
reduced liability to stockholders
avoid cumbersome administrative procedures; i.e., shareholders' meeing and publishing minutes of the corp
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