Music /Real Estate Notes: PSI Exam Prep: Property Ownership Part 4

Real Estate Notes: PSI Exam Prep: Property Ownership Part 4

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This comprehensive flashcard set covers essential real estate concepts related to land measurement, water rights, and legal claims on property. It includes unit conversions, easement terms, types of liens, natural land changes, and ownership rights tied to land and water, serving as a valuable resource for students and professionals in real estate.

the dominant estate owner must take some action that shows a clear intent to stop using the easement.

abandonment easement

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Key Terms

Term
Definition

the dominant estate owner must take some action that shows a clear intent to stop using the easement.

abandonment easement

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this occurs when the owner of either the servient or dominant estate purchases the other property. A property owner can’t have an easement over his or her own land.

Easement termination by merge

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an easement allows someone to travel to and from the land.

Easement by necessity

This easement isn’t legal, and is created through the continued, uninterrupted, obvious, exclusive, and adverse use of someone’s property without permission.

Easement by prescription

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itprovides a pass-through to other property but doesn’t allow usage of the land.

Right-of-way

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is temporary permission for one person, at the discretion of the property owner, to do something on another’s land without actually possessing any interest or ownership in the land. it is not assignable or inheritable.

A license

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TermDefinition

the dominant estate owner must take some action that shows a clear intent to stop using the easement.

abandonment easement

this occurs when the owner of either the servient or dominant estate purchases the other property. A property owner can’t have an easement over his or her own land.

Easement termination by merge

an easement allows someone to travel to and from the land.

Easement by necessity

This easement isn’t legal, and is created through the continued, uninterrupted, obvious, exclusive, and adverse use of someone’s property without permission.

Easement by prescription

itprovides a pass-through to other property but doesn’t allow usage of the land.

Right-of-way

is temporary permission for one person, at the discretion of the property owner, to do something on another’s land without actually possessing any interest or ownership in the land. it is not assignable or inheritable.

A license

If this provision is included, the mortgagee agrees not to evict tenants who are current on their rent if the mortgagee has to foreclose on the property.

non-disturbance clause

it is an interest in real property where the owner’s possession of the property isn’t of fixed duration, as it would be in a lease (leasehold estate)

A freehold estate

it is a type of freehold estate that conveys the most rights available. Property held as a fee simple can be sold and is inheritable.

Fee simple estates

it is a type of freehold estate in which ownership is subject to either the occurrence or non-occurrence of a particular event.

Fee simple defeasible

the current property owner conveys ownership to a new owner as long as some event does or doesn’t occur. For example, Morris gives a plot of land to a local parks district as long as the district only uses it for youth soccer fields. He gives the possibility of reverter to his son Joe, someone else named by Joe, or Joe’s heirs if the parks district changes the property’s use. If the use changes, the estate automatically ends and the property reverts to whoever holds the possibility of reverter.

a fee simple determinable estate

he current property owner conveys ownership to a new owner on a specific condition. For example, Trinity conveys her home to her son, Gabriel, on the condition that the property remains residential. If Gabriel converts the property to some other use, the estate doesn’t automatically revert to the original owner; however, Trinity (or her other heirs or successors) has the right to re-acquire full ownership. But she’ll have to go to court to do so.

a fee simple subject to condition subsequent estate

it is an estate in which the holder has a possessory interest in a property but no ownership.

A leasehold estate

it is a lease that ends on a specific date and must be renewed by mutual agreement between the landlord and tenant.

An estate for years

it is a lease that automatically renews at the end of its term (such as a month-to-month lease).

A periodic estate (aka estate from period to period)

it is a lease without an established ending that can be terminated by either party.

An estate at will

it is one in which a tenant (referred to as a holdover tenant) didn’t leave when the lease expired.

An estate at sufferance

Can ownership in severalty be inherited?

Yes, according to the will and instructions

it is a form of co-ownership in which each co-owner is entitled to possession of the whole. An owner’s ownership is inheritable and, upon the owner’s death, doesn’t necessarily pass to the other owners.

Tenancy in common

is a form of co-ownership in which equal ownership requires unity of time, title, interest, and possession.
includes the right of survivorship, which means that the surviving co-owner(s) will own the property of the person who dies.

Joint tenancy

Can common tenancy be inherited?

Yes

Can Joint tenancy be inherited?

No, the interested will go to the survivor members

Timeshares, condominiums, and cooperatives are primary examples of

common-interest ownership.

Can timeshares be inherited?

Yes, they can be sold also

it is a type of freehold estate in which ownership is limited to someone’s lifetime. The future owner is determined based on the life estate’s terms.

A life estate

it is s based on the life of the estate holder/life tenant. For example, Christine gives her son this type of life estate in a property, and the estate lasts until her son’s death.

An ordinary life estate

is based on the life of someone other than the holder of the life estate/life tenant. For example, Jarrod grants his ex-wife, Margo, this type of life estate in a house where Jarrod’s mother Rose and Margo, who cares for Rose, both reside. The life estate stipulates that Margo’s interest in the property will cease when Jarrod’s mother dies.

Pur Autre Vie ("for another's life.)

Any act by the estate holder that significantly reduces the value of the property at the end of the life estate is called

an act of waste

When a life estate ends, ownership of and interest in the property is determined in one of two ways.

Remainder: Ownership will pass to a remainderman instead of the party who established the life estate.

Reversion: Ownership will revert to the life estate originator (or the originator’s successors and heirs).

When a life estate ends, the remainderman or reversion holder holds the estate in

fee simple.

The bundle of rights includes:

Possession: This means that the titleholder may possess (be on) the property.
Control: The owner controls the use of the property.
Exclusion: The owner may decide who may or may not access the property.
Enjoyment: The owner may use the property in any legal matter.
Disposition: The owner has the right to sell or convey the property.

Property ownership gives the title holder a bundle of rights. What’s significant about the concept of a bundle of rights?

It describes the ability to separate one right from the others while leaving the rest of the bundle intact.

our client Frank is interested in selling a 54,450-square-foot lot. A comparable property in the vicinity sold for $3,500 per acre. What would be reasonable list price for Frank’s property?

One acre = 43,560 square feet. Figure his lot acreage first (54,450 ÷ 43,560 = 1.25 acres). Since the two lots are comparable, calculate the price of the comp ($3,500 x 1.25 = $4,375), which is a good list price for Frank’s lot

In this description, what does “Beginning at the corner of State Route 61 and Hallowell Road” represent?

Bounds are physical features that define the boundaries of the property. Combined with directions and distances (metes), these form the basis of a metes and bounds legal description.

Without this easement—usually involving access to a road—the owner requiring the right of passage would be landlocked.

This describes an easement by necessity. One way to remember this type of easement is by thinking of the importance of getting access to a road.

43,560 square feet is

one acre

A section is

one square mile, or 640 acres.

A hectare is a

100-acre measurement.


What forms the boundaries of a township?

Township lines and range lines

What is an encumbrance?

A defect on a title that can be monetary or physical