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Estates
Is an interest, share, right or equity in real estate that varies from the minimal right of a renter to the maximum right of a full owner
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Freehold estates(Real Property)
- 1. fee simple estates
- 2. Life estates.
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Fee Simple
Means an owner has transferred alll rights of a property to a new owner for an indefinite duration of time.
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Fee Simple Defeasible Estate
Is a fee estate that is subject to particular limitations imposed by the grantor of the estate.
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Life Estate
An ownership interest in real property that oly exists for the life of any designated person or persons.
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Estate in Reversion
The party (grantor) granting a life estate.
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Less-than -Freehold Estates
Personal rights to the use of real property for a period of time.
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Estate for Years
A lease for a fixed period of time, agreed to in advance.
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Estate From Period-to-Period
A renewable agreement to rent or lease a property for a period of time, where the rental or lease amount is fixed at an agreed to sum per week, month, or year. needs notice to terminate (30 days)
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Estate At Will
A rental agreement that can be terminated by either party (lessor or lessee) at any time. ( not in Ca. need 30 day notice)
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Estate at Sufferance
Occurs when the person renting or leasing a particular property remains after the expiration of the stated term without the landlord's consent.
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Tenancy at Sufferance
Occurs when a tenant remains in the property after expiration of a lease without the owner's consent.
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Acquisition
Means to acquire, buy or pull
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Alienation
To transfer, sell, or push away
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Seven ways to Transfer
- 1. Deed 2. Will
- 3.Probate 4. Intestate Succession (no will)
- 5.Accession 6. Occupancy
- 7. Dedication
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Conveyance
The document used to effect the transfer of title to property from one person to another.
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Deed
A written instrument that conveys and evidences title.
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Grantor
The person who grants property or property rights (seller)
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Grantee
The person to whom the grant is made. (buyer)
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Grant Deed
Document that transfers title ( evidence of property ownership), with the key word being "grant".
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Implied Warranties
Because they are not expressed in writing, but are present.
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Quitclaim Deed
Is a deed that conveys alll the present rights or interest that a person may have in a property, without any warranty, title, or interest.
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Cloud On Title
A claim, encumbrance or condition that impairs the title to real property until disproved or eliminated, as, for example, through a quitclaim deed or a quiet title legal action.
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Quiet title Action
A court proceeding to remove a cloud on title to real property.
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Valid Deed
- A.Must be in writing.
- b.The parties must be properly named and hve legal capacity.
- c.Property must be adequately described.
- d. There must be a granting clause. (action clause)
- e. It must be signed by the granting party. (grantor)
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Manual Delivery
A direct transfer of the deed from the grantor to the grantee.
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Delivery through Recording
The act of putting the title of record in the grantee's name at the county recorder's office.
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Conditional Delivery
Requires that a specific event take place before title can be passed, and must be handled by a disinterested third party.
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Revocable Living Trust
A trust that is effective during the life of owner,, rather than upon his or her death.
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Probte
Is a superior Court procedure to determine a will's validity, any creditors' claims, and estavlish the identity of the beneficiaries.
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Escheat
Is the term used if there is no will and there are no heirs; the property will go to the state of California.
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Accession
Occurs when an owner aquires title to additional land by natural casuses, that is additions to the property by natural growth
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Transfer by Occupancy
- A. Abandonment
- B. Adverse Possession
- C. Prescription (by Use)
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Adverse Possession
Is axquireing title to another's property through continuous and notorious occupancy for five years under a claim of title.
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Prescription
An easemeent, or the right to use another's land which can be obtained through five years of continous use.
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Dedication
The gift of land, by its owner, for some public use.
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Title
The right to ownership of land and the evidence of that ownership
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Vesting
The placing of a person's name on the deed and the description of the method by which that person willhold title.
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Methods of Holding Title concurrently or in Severalty
- 1.Severalty ( Sole Ownership)
- 2. Tenancy in common
- 3. Joint Tenancy
- 4. Tenancy in partnership
- 5. Community Property
- 6.Community Property ( w/right of survivorship)
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Severalty
Is the sole and separate ownership of property by one individual or by a corporation./ sole ownership
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Corporation
Is a body of persons treated by law as a single "legal Person, " having a personality and existence distinct from that of its shareholders.
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Tenancy In common (unity of Possession)
When two or more people own property together with the right to will or sell it
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Unity of possession
Tenants in common, which means they each have the right to occupy the property.
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Partition Action
When the courts have the responsibility of physicall dividing or selling the property.
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Joint Tenancy
Occurs when two or more people have identical interests in the whole property with the same right of possession and the right of survivorship.
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Joint Tenancy (T-tip)
- T 1. Title -All owners are granted title by the same instrument
- T 2. Time- All owners obtain title at the same time.
- T 3. Interest- All owners share an equal interest
- P 4. Possession- All owners have an equal right to possess the property
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