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RE LEGAL 03TERMS
RE Legal Unit 03Terms
Term | Definition |
---|---|
interest | Various rights, privileges, powers, and immunities with respect to real property |
possessory interest | Present right to physically occupy land and to exclude others from that same land |
present interest | Interest in land that can be exercised by the owner today |
future interest | Interest that cannot be exercised today, but which might be exercised in the future |
estate | The quantity, quality, degree, and nature of a person’s interest in real property that may become possessory |
freehold estate | Estate with indefinite duration or that is measured by the length of someone’s life |
nonfreehold estate | Estate with a fixed or determinable duration |
fee simple absolute | Freehold estate that includes all rights to sell, exclude others, finance, and do any other thing with real property allowed by law |
fee simple determinable | Freehold estate with present possessory interest in a grantee with a reversionary interest in the grantor |
life estate | Freehold interest that allows the owner to live on a parcel until death, but that cannot be bequeathed via a will |
periodic tenancy | Leasehold interest for an indefinite period of time |
tenancy for years | Leasehold interest with a fixed term and definite end date |
encumbrance | Interest in real property that is held by someone who is not the owner |
financial encumbrances | Encumbrance that affects title to property |
judgment creditor | Party to a lawsuit who obtains a money judgment against the other party |
abstract of judgment | One-page, recordable document that contains information about a court judgment |
writ of execution | Document directing the sheriff to commence a lien-sale of a parcel of real property |
non-financial encumbrance | Encumbrance that affects the physical use or condition of the property |
easement | Interest for use owned by one person in the land of another person |
dominant tenement | Land benefiting from an easement |
servient tenement | Land burdened by an easement |
license | Permissive use of land that is freely revocable by the grantor |
appurtenant easement | Easement that “runs with the land |
easement in gross | Easement that is a personal right of one person to use land owned by another |
profit-à-prendre | Right to enter another’s land to remove soil, substances of the soil, or other resource |
CC&Rs | Rules and regulations established for a parcel of land and accepted by the owner when the property is purchased or transferred |
covenant | Promise that a certain act will, or will not, be performed |
condition | Limitation imposed by a grantor in a deed that can cause the ownership of the property to revert to the grantor who imposes the condition if the condition is not satisfied |
homestead property | Home, occupied by a family, exempt from the claims of unsecured creditors |
Declaration of Homestead | Recorded notice to protect the equity in a home from forced sale by unsecured creditors |