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CARE Prin. Ch. 6:2-D
Part 2: Holding Title Definitions
Term | Definition |
---|---|
Fee simple absolute | Owner holds without any qualifications or limitations, but all gov’t ordinances and limitations still apply |
Life Estates | Created by deed or will for the life of one or more designated persons |
Community Property | Ownership of real property held by more than once person, usually spouses or domestic partners |
Estate in Reversion | Property is returned to the person who gave the life estate to his or her heirs. |
Fee Simple qualified | Owner holds subject to conditions, limitations or private deed restrictions that limit the use of the property |
Join Tenancy | When 2 or more persona are in joint and equal ownership of the same undivided interest in real property |
Estate in remainder | When life estates indicates the title is to go to some other person upon death of the life estate holder. |
Freehold Estate | One’s interest as an owner of real property. |
Right of survivorship | If one tenant dies the surviving joint tenant acquires the deceased’s interest without a court action (such as probate). |
Tenancy in Common | When 2 or more are owners of an undivided interest in property. |
Severalty | When a person acquires/holds real property and holds title solely in his or her own name. |
Less-than-freehold-estate | Interests held by tenants who rent or least property. Also called lessees or leaseholders. |
Tenancy in partnership | When 2 or more persons as partners pool their interests, assets, and efforts in a business venture, with each to share in the profits or losses. |
Limited Partnership | A partnership composed of some partners whose contribution and liability are limited |
Living Trust | A trust created during one’s lifetime to avoid probate proceedings |