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42 Cards in this Set

  • Front
  • Back

Rights of an owner whose property borders a flowing waterway such as a river or stream the property owner is not considered to be the owner of the water flowing past the property

Riparian Rights

Rights of owners of property bordering non flowing water such as an ocean sea or lake these rights give the property owner rights only to the shoreline or high water mark

Littoral Rights

The loss of soil that is carried away by water washing against a river bank or beach

Erosion

Increase in land area as moving water deposit soil in other than it's original location it is the opposite of erosion

Accretion

Soil resulting from accretion

Alluvion

The exposure of dry land once covered by water when the level in a lake or river recedes or river receipts or a stream changes course

Reliction

An item that was once personal property but was installed or attached to the land or building in a permanent way

Fixture

Articles of personal property attached to rented real estate used to conduct business

Trade fixture

___ fixture can be removed at the termination of the lease

Trade

The 4 tests use my courts to distinguish between real and personal property are

IRMA, Intent, Relationship, Method of annexation, Adaptation

The method that uses review of a listing and sales contract to decide between personal and real property is

Intent of the parties

The method that uses how an article is attached to the property is

Method of annexation

The method that reviews if the item is necessary to fulfill the purpose and utility for which the building constructed is

Adaptation of the article

The method that reviews the terms of the lease specifying if improvements made by tenant during the term of contract may be removed at termination of lease

Relationship of the parties

Possession, disposition, enjoyment, exclusion, and control all make up the

Bundle of rights

A party entitled to rights in a property is a

Tenant

An estate involving ownership is a

Freehold Estate

Fee simple and Life estate are

Freehold estates

Sole ownership estate is

Estate in Severalty

Estate with 2+ persons (unmarried) with equal rights that can leave interest in a will & to heirs

Tenancy in common

Estate with 2+ persons (unmarried) with undivided equal rights that DOES NOT pass to heirs. Passes to surviving tenants.

Joint tenancy

The marriage is considered to be the owner of the property in which each spouse has a right of survivor ship

Tenancy by the entireties

The 4 unities required to create a joint tendency are

PITT, Possession, Interest, Time, Title

When a fee simple estate owner conveys ownership to another for their lifetime it is called a

Life Estate

The right to regain ownership after the life tenant dies is

Reversion Estate

An estate in which the tenant does not have ownership interest, they only have a right of possession

leasehold estate

Oral or written non Freehold state with the tenant having lawful possession of the property with no definite time limit of termination

Tenancy at will

A non Freehold estate where the tenant has a definite beginning and definite ending

Tenancy for years

is a non Freehold estate that arises when a tenant occupies a landlord's real estate in the absence of any agreement

A tenancy of sufferance

This provides fro a surviving spouse to be entitled to 30% of the decedent's real and personal property owned at time of death

Elective Share

The passing of property to legal heirs by probate law is under the law of

descent and distribution

The FL Constitution exempts homestead property from forced sale to satisfy judments of this nature

Personal loans and credit card debt

Homestead property can be forclosed for debts related to

The property such as property leins

__ provides for the ownership of individual units within a multiple unit building

Condominiums

By law developers of condominiums must file a ___ and ___ deed

Declaration and Master Deed

New Condo buyers are allowed a __ day right of rescission

15 days

Resale Condo buyers are allowed _ business days from receipt of declaration docs to rescind or proceed with sale

3 days

Acorporation that buys multi unit buildings sells shares of stock in the corporation and in turn gives a proprietary lease

Cooperative Association

Condominium type property devided into interval ownership with right to use during certain time periods

Time Share

The cooling of period for the purchase of new and resale timeshare is

10 days

A salaried manager of a condominium, cooperative or timeshare is required to have a

CAM- COMMERCIAL ASSOCIATION MANAGER license

A homeowners association disclosure must be provided to buyers when member ship

is requred