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Chapter 2
Real Estate Fundamentals - WA Rockwell Book
Term | Definition |
---|---|
Estate | An interest in land that is or may become possessory |
Freehold Estate | An interest in real property that has an indeterminable (not fixed or certain) duration |
Leasehold Estates (Less-than-Freehold Estates) | Has a limited durations and the holder is sometimes referred to as the tenant |
Fee Simple Estates (Estate of Inheritance) | The greatest estate that can exist in land, the highest and most complete form of ownership - Infinite duration, freely transferrable, inheritable,. |
Fee-Simple Absolute Estate | When a fee simple estate owner transfers title by deed |
Qualified Fee Estate | The grantor of this estate may specify that the grantee meet a certain condition |
Fee Simple Determinable | A type of qualified fee estate where the property reverts back to the grantor without legal action if the condition is violated |
Fee Simple Subject to a Condition Subsequent | A type of fee estate that doesn't end automatically when the condition is breached, so the grantor has to take actions to terminate the estate upon breach |
Life Estates | A freehold estate whose duration is limited to the lifetime the holder |
Life Estate Pur Autre Vie | A freehold estate whose durations is limited to the measuring life of another person |
Estate in Reversion | The estate grantor states that the property will be their's once more upon the end of a measuring life |
Estate in Remainder | The estate grantor states that the property should go to a third party on the death of the life tenant |
Remainderman | The third party receiving an estate upon the death of the life tenant |
Lease | This creates a leasehold estate |
Landlord (Lessor) | The owner of the property being leased |
Tenant (Lessee) | The party with the right of possession in a leasehold estate |
Estate for Years | Tenancy for a fixed term, terminating automatically at the end of the term |
Periodic Estate (Periodic Tenancy) | Tenancy is not fixed; it lasts for a specific period of time and continues for successive similar periods, renting each time at the end of the term |
Estate at Will | Often arises when a lease has expired and the parties are in the process of negotiating the terms of the new lease |
Tenancy at Sufferance (Estate at Sufferance) | A tenant who came into possession of the property lawfully, holds over after the lease has expired without landowners consent |
Ownership in Severalty | One person holds title to property individually |
Concurrent Ownership | Exists when two or more people simultaneously share title to a piece of property |
Tenancy in Common | Two or more individuals have an undivided interest in a single piece of property and share possession - their interest can be deeded or mortgaged |
Partition Suit | A legal action that divides the interests in the property and destroys unity of possession |
Joint Tenancy | Two or more individuals are equal owners of the property; on the death of one of the owners, interest automatically passes to the surviving owners (can be willed) |
Interest, Title, Time, and Possession | What four unities must exist to signify equal interest and Joint Tenancy? |
Community Property | Property owned jointly by a married couple in the state of Washington and other states |
Separate Property | Property owned by one before entering marriage or receiving as a gift, inheritance, or will |
Tenancy by the Entireties | A joint tenancy for married couples in states that do not support community property |
Syndicate | A group of individuals who come together and pool their resources to carry out an enterprise |
Partnership | An association of two or more persons, to carry on, as co-owners, a business for profit |
General Partnership | Formed by written or oral contract, partners share in the profits and management of the partnership |
Partnership Property | Property acquired for the partnerships business |
Limited Partnership | A partnership with one or more general partners and one or more limited partners |
Corporation | Owned by shareholders who purchase stock in the organization and is an "artificial person" |
Securities | An investment interest |
Double Taxation | What is the main drawback to a corporation? |
Domestic Corporation | Corporations under Washington Law |
Limited Liability Companies | Managing members are not personally liable for the organizations debts and obligations |
Joint Ventures | Created for a single business transaction or for a series of individual transactions |
Trusts | One or more manage property for the benefit of beneficiaries |
Real Estate Investment Trust | Investors form this to finance large real estate projects requiring at least 100 investors |
Common Elements | Aspects of the condominium property that all of the unit owners have the right to use |
Limited Common Elements | Features reserved for the owners of certain units but are outside the unit itself |
Conversion | When an owner of an apartment complex decides to change into a condominium |
Cooperatives | Tenants purchase shares in the corporation and pay rent going toward the corporations mortgage, taxes, operating expenses, and other debts |
Condominium | Each unit is owned individually in an apartment like setting |
Timeshares | A buyer purchases the right to occupy the unit during a particular time slot each year |
Washington Timeshare Act | Consumer protection law that governs the sale of timeshares in WA requiring timeshare developments to be registered with the Department of Licensing and salespersons to be registered as timeshare salespersons |
Seven Days | The Washington Timeshare Actives buyers this many days to rescind their offer after signing the agreement or receiving the disclosure statement |