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75 Cards in this Set

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Associate Licensee

Real estate salesperson

Multiple synonyms

Broker

One who acts as an intermediary on behalf of others for a fee or commission

Code of Ethics

A written set of standards for ethical conduct

Market

A place where goods can be bought and sold and a price established

Real estate licensee

Real estate sales person

Salesperson

Someone that performs real estate activities while employed by or associated with a real estate broker

Supply and demand

And interrelated pair that affects the cost of good in a market

Accession

The process by which personal property (such as a trade fixture) becomes real property of the landlord

Accretion

Land builds up because water carries it from elsewhere

Air Rights

The right to use the open space above a property

Annexation

To add to

Appurtenance

Stays with the land (driveway, house)

Area Preference

Location

Avulsion

Land is suddenly lost due to natural cause (landslide)

Bundle of Legal Rights

Difference between real estate and real property. Possession, control, enjoyment exclusion, disposition

Chattel

Personal property

Emblements

Crops in a field

Erosion

Gradual loss of land from water

Fixture

Personal property that becomes real property based on attachment, intent adaptation, and agreement

Heterogeneity

Means uniqueness

Non-homogeneity

Means Uniqueness

Improvement

Man does this to the land, man made

Land

All natural type of real property

Littoral Rights

Water rights associated with lakes and oceans. Own to the high water mark

Manufactured Housing

Housing built offsite and reconstructed on site. Personal property until it is attached to land then becomes real property

Personal property

Mobile

Prior Appropriation

Where water is scarce, its use could be determined by the government

Real Estate

Land with improvements (something man put on the land)

Real property

Real estate + bundle or rights. Best you can get

Riparian Rights

Water rights associated with rivers. Own to the edge unless it is not traversable then own to the center

Severance

Turning real property into personal property.

Situs

Location, desirability. Most important economic characteristic

Subsurface Rights

Ownership of rights beneath the surface of the property

Surface Rights

Ownership limited to the surface of the property

Trade Fixtures

Personal property of trade merchant in a leased or rented space. Can become real property of the landlord ONLY IF TRADE FIXTURES REMAIN AFTER LEASE EXPIRES

Water Rights

Rights of owners of land adjacent to rivers, lakes, and oceans and restrictions on them as well

Fructus Naturales

Naturally occurring fruit (real property)

Remainder and Reversion

Are future interests

Pur Autre Vie (pur autra v)

For the life of another

Encumbrance

Any right or interest that someone other than the owner of the property has that affects title to real estate. It can lessen value or obstruct use of the property but doesn't always prevent transfer of title

Liens

Usually monetary charges, any financial encumbrance


Type of encumbrance

Deed Restrictions

Private agreements that affect use of land. Usually done by developer or subdivider


Type of encumbrance

Easements

The right to use the land of another for a particular purpose



Type of encumbrance

Appurtenant

Two adjacent parcels of land where one owner uses an easement to cross the other owners property


Type of encumbrance

Servient Tenement

Serving property in a appurtenant easement

Dominant Tenement

Using another land in a appurtenant easement

Easement In Gross

Utility easements (sewer lines, power lines, gas lines)

Party Wall

A easement such as a wall built usually with shared funds and agreement where EACH OWNER OWNS THEIR HALF OF THE WALL AND ALSO OWNS AN APPURTENANT EASEMENT IN THE OTHER HALF. This same concept can be applied to the construction of a shared driveway

Easement by Necessity

An appurtenant easement occurring when an owner sells part of their land that had no access to a street except over the sellers remaining land. You cannot land lock property

Easement by Prescription

A prescriptive easement is created by continuous, open, hostile use of land for at least 10 years

10 years minimum in West Virginia

Prescription easements and adverse possession

Condemnation (the process)

An easement by condemnation occurs when it is aquired for public use the right of eminent domain (the right to do so)

License

A personal privilege to enter the land dor a specific purpose. No ownership-temporary use right

Encroachment

Occurs when all or part of a building, fence, driveway, etc. Illegally extends beyond the land of the owner

The suffix "or"

Means the giver or to give

The suffix "ee"

Means to recieve or to take

Severalty (forms of ownership)

Title is held by one person

Co-ownership (Form of ownership)

Title is held by two or more individuals

Trust (form of ownership)

A third individual holds a title for another

Tenancy in common (form of co-ownership)

The right of possession is the ONLY thing in common



You can will to heirs

Joint Tenancy (Forms of co-ownership)

MUST share the four unities: Possession, Interest, Time, Title. (PITT)



Equal ownership



Right of survivorship (does not pass to heirs but to other remaining owners)


Tenancy by the entirety (forms of co-ownership)

Married couples in the event of divorce become tenants in common and right of survivorship doesn't exist

Rectangular (Government) Survey System

Giant squares


Base lines- east to west


Principal Meridians- north to south

Metes and bounds method

Metes- measures distance


Bounds- follows compasd direction or angles


POB and POE are the same (beginning and end- same point)

Rectangular survey system Township Squares

Range line- unit of measurement (6 miles N-S)


Township line- unit of measurement (6 miles E-W)

1 Township Square size

6 miles up x 6 miles across = 36 miles squared

Rectangular Survey System


Section

Section- township squares subdivided into 36 sections. Each section is 1 square mile, or 640 acres

Rectangular Survey System


Correction Lines

Range lines are parallel only in theory. Correction lines exist to make up for the inconveniences of lines not running perfectly around the earth

Rectangular Survey System


Fractional Sections

Undersized or oversized sections

Lot and Block system (Plat Maps)

Starts with the preparation of a survey

Air lots

Air above a owners property

Datum

A point, line, or surface from which elevations are measured. Defined from the mean sea level at New York Harbor

Benchmarks

Permanent reference points that have been established throughout the U.S for marking Datums to establish elevation.

Monument

Natural or man made marker

Math Tips

43,560 feet an acre is a 7/11 gas station


(4+3=7 / 5+6+0=11) remember 7/11 ft/acre



A mile as a fast car (5 to 80)


5,280 feet in a mile