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19 Cards in this Set

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Bundle of Rights

Legal rights attached to your property ; things you can do with your property

UPTEE

“UPTEE”

Use - right to use property, within the law, for any purpose


Possess - right to live on property and keep others out


Transfer - right to sell property, give as a gift, or dispose of it


Encumber - right to borrow money and use property as security for loan


Enjoy - right to peace and quiet enjoyment without aggravation

Real property

Includes land, anything permanently attached to the land, anything appurtenant to the land, or anything immovable

Everything included naturally

Land

Includes airspace, surface rights, subsurface rights, and water rights

Real Property

Attachments

Items permanently attached to the land are real property.. includes improvements, fixtures and natural attachments

Fixtures

Added features (personal property) to property that stay with property

AIM


Ex. - lights, ceiling fans, tv mount, shelving units, etc.

“AIM”

Adaptation of the item & Agreement of the parties


Intent


Method of Attachment

Trade Fixtures

Personal items that are used for business/trade

Personal property turned to real property


Ex. - shelves, cash registers, wall mirrors

Trade Fixtures

Personal items that are used for business/trade

Personal property turned to real property


Ex. - shelves, cash registers, wall mirrors

Freehold Estates

Indefinite duration of ownership

Trade Fixtures

Personal items that are used for business/trade

Personal property turned to real property


Ex. - shelves, cash registers, wall mirrors

Freehold Estates

Indefinite duration of ownership

Estates in Fee

Most complete form of ownership.. otherwise known as fee simple estate or fee simple absolute


Defeasible fee is a conditional state (ex. Hospital)

Fee simple estate or fee simple absolute

Life Estates

Limited duration, typically measured by life of owner

Limited

Less-Than-Freehold Estates

Tenants possession of estate


Also known as, “nonfreehold estate” “leasehold estate”

Interest in real estate and it’s duration known as, tenancy

Types of Leasehold Estates (4)

Estate for Years - set date/time


Periodic Tenancy - random, month to month typically


Tenancy at Will - rent w/out a lease or agreement


Tenancy at Sufferance - can’t get em out

Types of Ownership of Real Property (2)

Separate Ownership (sole owner or ownership in severalty) - individual or entity


Co-Ownership - title is held jointly and severally

Types of Co-Ownership

Tenancy in Common - individual rooms in a common space


Joint Tenancy (TTIP) - roommates


Community Property - acquires thru marriage


Tenancy by the Entirety - bought while married


Recording Ownership - grantor executes deed by signing

“TTIP”

Title - all on same title


Time - all join at the same time


Interest - all equal interest


Possession - all have equal right

Joint Tenancy