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27 Cards in this Set

  • Front
  • Back

Owner characteristics, the bundle of Rights

D U P E


Disposition- may pledge sell or transfer


Use - may use and control


Possession- May occupy in privacy


Exclusion- control entry onto land

Estate

A legal interest or right in land that allows possession.

Freehold estate

Ownership for an indefinite duration

Fee simple absolute

The largest ownership interest possible. The highest and most complete form of ownership



Largest "bundle of rights"


Transferable & inheritable


Absolute ownership that lasts forever


"To have and to hold forever"

Life estate

Limited to the lifespan of 1 individual


Tenancy for years (Lease holder)

-Fixed amount of time tenancy-


--Specific dates


---death doesn't terminate

Tenancy at will

Indefinite time period, terminated by sale, notice or death


(For as long as each party will's it so)

Deed restrictions

Placed by an individual

"Controls future uses"

Conditions placed by a developer to promote conformity of improvements in an entire subdivision, including:


Minimum sq ftg


Architectural design


Height limits

Easement appurtenant

Has a dominant and subservient property ( driveway crossing neighbors yard)

Easement gross

Not related to a dominant property (utility access)

Easement by necessity

(Court created) gives grantee an easement over grantors land if landlocked

Easement by prescription

Court granted


After 20 yrs of using anothers property for a specific purpose wo permission

Judgement lien

Court-ordered lien against an individual in property


Not for closable against one's Homestead

Construction lien

A hold or claim upon the property of another as security for a construction debt --rights begin at 1st labor or material


--must be filed within 90 days of finish


---terminates 1 year after filing

License

Revocable agreement granting privilege to use property

Tenancy in severalty

Type of sole ownership


Ownership by 1 individual, severed = cut off from all others

Syndication

Ownership by 1 entity such as a corporation,partnership or LLC

Sole ownership

Ownership by one individual or entity

Joint venture

Syndication for 1 project that is terminated upon completion

Multiple ownership

2 or more persons share the ownership with undivided interest because their interests are undivided.


They have equal rights of possession no co-owner has a right to any specific part of the property

Tenancy in common

Co-ownership without right of survivorship to other owners


(goes to heirs)

Joint tenancy

Co-ownership with the right of survivorship to the other owners


Right of survivorship exists


( co-owners get it not heirs)


Requires PITT.


*Possession* *Interest* *Title* * Time*

Homeowner associations

Florida Chapter 720

HOA property sale contract right to cancel

3 business days

Cooperative

"Right to Occupy"


Corporation owned leases space to members, right to occupy


Cancellation -


1st sale - 15 business days resale - 3 business days

Condominium

Cancellation- 1st sale- 15 business days resale- 3 business days