Real estate fundamentals

land

is the earth's surface extending downward to the center of the earth and upward into space( including permanent natural objects such as trees and water)

real estate

land at, above, and below the earth's surface, and all things permanently attached to it, whether natural or artificial

real property

the physical land or real estate plus the interests, benefits, and rights that are associated with its ownership

subsurface rights

the rights to the natural resources lying below the earth's surface.

air rights

the rights to use the open space or vertical plane air above the land

personal property or personalty

all property that does not fit the definition of real property, personal property is movable, also known as chattels

emblements

examples( crops of wheat, corn, vegetables, and fruit) are considered personal property and will be transferred as part of the real property(unless stated otherwise)

severance

the process of changing an item of real estate to personal property by changing its condition ( for example a growing tree is real estate until the owner cuts it down, literally severing it from the real estate).

fixture

an article that was once personal property but has been affixed to the land or a building in such a way that law contrues it to be a part of the real estate.

legal tests of a fixture

intention(did the person who installed the item intend for it to remain permanent)
method of annexation( how permanent is the method of attachment, can it be removed without causing damage to the surrounding property)
adaption to real estate( what is the

trade fixture

an article that is attached to a rented space or building for use in conducting a business, but in the personal property of the tenant

bundle of legal rights

right of possession, right to control the property within the framework of the law, right of enjoyment(to use the property in any legal manner), right of exculsion(to keep others from using the property, right of disposition(to sell, will or otherwise dis

economic characteristics of real estate

1. scarcity 2. improvements 3. permanence of investment 4. area preference (most important)

physical characteristics of real estate

immobility, indestructibility, uniqueness

real estate laws

1. general property laws 2. environmental laws 3. contract law 4. agency law 5. fair housing laws 6. tax laws 7. zoning and land use laws 8. real estate license law

police power

state's inherent authority to adopt regulations necessary to protect the public health, safety and welfare.

comprehensive plan

land use, housing needs of present and future residents, movement of people and goods, community facilities and utilities, energy conservation

Use of privately owned real estate is regulated through:

land-use planning, zoning ordinances, subdivision regulations, building codes, and environmental protection legislation

zoning ordinances

local municipal laws that implement the comprehensive plan, and regulate and control the use of land and structures within designated land-use districts.

enabling acts

are zoning powers that are conferred on municipal governments by the state

validity of ordinances

power be exercised in a reasonable manner, provisions be clear and specific, ordinances be nondiscriminatory, ordinances promotes public health, safety and general welfare under the police power concept, ordinances apply to all property in a similar manne

zoning ordinances

are local municipal laws that implement the comprehensive plan, and regulate and control the use of land and structures within designated land-use districts

zoning affects:

permitted use of the land, lot sizes, types of structures, building heights, setbacks( the minimum distance structures may be built from streets or sidewalks) density(the ratio of land area to structure area or population) protection of natural resources

nonconforming use

a use of property that is permitted to continue after a zoning ordinance prohibiting(stopping) it has been established for the area

conditional use permit

authorizes a property to be used for a special purpose that does not comply with the current zoning

variance

permission obtained from zoning authorities to build a structure or conduct a use that is expressly prohibited by the current zoning laws; an exception from the zoning ordinances

variance categories

dimensional variances- covers physical dimensions such as lot or parcel sizes and setbacks use variances-covers the specific uses of land

subdivision and land development ordinances

regulate lot sizes, setbacks, building heights, open spaces, and the like specifically for subdivisions and PRDs

subdivision plat

a map of the development which are submitted to municipality for approval

impact fees

are monies charged to fund off-site public transportation improvements (the developer must pay these fees to the municipality)

building codes

are ordinances that specify construction standards that must be met when repairing or erecting buildings

building permit

written government permission for the construction, substantial repair, or alteration of a structure.

two types of private land-use controls

deed restrictions and restrictive covenants

deed restrictions

provisions placed in a deed by the owner at the time ownership is conveyed to control future use of the property

restrictive covenants

these are declarations of conditions and restrictions that affect the use of all parcels or land within a specified development or subdivision plat (commonly known as covenants, conditions and restrictions(CC&R))

Interstate Land Sales Full Disclosure Act(25 or more lots)

federal law that regulates the interstate sale of unimproved lots ( law states that seller is required to file a statement of record and register the details or the land with HUD)

steps to minimize legal liability

discovery , disclosure, and documentation

discovery

is to discover the presence of environmental hazards

disclosure

to disclose information that consumers need to make prudent purchasing decisions, even when they do not ask for it

documentation

the process of creating a written documentation of any disclosures (CYA) note: without written documentation there is no proof that proper disclosures have been made

environmental hazards

Asbestos, Carbon Monoxide, Indoor mold, Lead-based paint and other lead hazards, radon gas, formaldehyde, electromagnetic fields, and toxic substances that pollute groundwater and soil are all environmental concerns that can arise in real estate transacti

The most common source of lead poisoning in a home

painting and plumbing

One of the most common sources of carbon monoxide in a house is/are

malfunctioning furnances

The law that contains the broadest liabilities for environmental cleanup is the

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

Radon

can be reduced in a building with proper ventilation

metes and bounds

a legal description of a parcel of land that begins at a well-marked point and follows the boundaries, using directions and distances around the tract, back to the place of beginning

methods used to describe real estate

metes and bounds, lot and block (recorded plat), and rectangular (government) survery

lot and block description

uses lot and block numbers referred to in a plat map filed in the recorder of deeds office in the county where the land is located

the description of a lot in a recorded subdivision will include the:

lot and block number of the lot
name of the subdivision plan * country and state in which the subdivision is located

spot survey

a survey that shows the location, size, and shape of buildings located on the lot

datum

is a point, line, or surface from which elevations are measured or indicated by the USGS

acre

43,560 square feet piece of land

allodial system

a system of land ownership in which land is held free and clear or any rent or service due to the government; commonly contrasted to the feudal system. Land is held under the allodial system in the United States

police power

the right of the government to regulate and control the way you use your land

Eminent Domain

The right of a government or municipal quasi-public body to acquire property for public use through a court action called a condemnation, in which the court decides that the use is a public use and determines the compensation to be paid to the owner

Condemnation

A judicial or administrative proceeding to exercise the power of eminent domain, through which a government agency takes private property for public use and compensates the owner

Freehold Estate

An estate in land in which ownership is for an indeterminate length, in contrast to a leasehold estate.

Leasehold estates

A tenant's right to occupy real estate during the term of a lease, generally consider to be a personal property interest.

fee simple

The highest interest in real estate recognized by the law; the holder is entitled to all rights to the property

life estate

An interest in real or personal property that is limited in duration to the lifetime of its owner or some other designated person or persons

remainder interest

The remnant of an estate that has been conveyed to take effect and be enjoyed after the termination of a prior estate, such as when an owner conveys a life estate to one party and the remainder to another.

Reversionary Right

The remnant of an estate that the grantor holds after granting a life estate to another person.

encumbrance

Anything - such as a mortgage, tax or judgment lien, an easement, a restriction on the use of the land, or an outstanding dower right -that may diminish the value or use and enjoyment of a property

lien

a charge against property that provides security for a debt or obligation of the property owner

easement

A right to use the land of another for a specific purpose, such as for a right of way or utilities; an incorporeal interest in land

appurtenant easement

is annexed to the ownership of one parcel of land to permit the owner of this land to use an adjacent parcel of land. Two adjacent parcels of land, owned by two different parties, are involved.

easement in gross

An easement that benefits a particular individual, not a parcel of property. Involves only a servient estate. A public utility easement is an example.

servient tenement

the parcel over which the easement runs, serves the other property

dominant tenement

The tenement obtaining the benefit of an easement appurtenant. That parcel of land that benefits from an easement across another parcel of property (servient tenement).

easement by condemnation

an easement created by the the government or government agency that has exercised its right under eminent domain

easement by necessity

an easement allowed by law as necessary for the full enjoyment of a parcel or real estate; for example, a right of ingress and egress over a grantor's land.

easement by prescription

an easement acquired by continuous, open, and hostile use of the property for the period of time prescribed by state law

conditions to claim a prescriptive easement

Continuous, Adverse, Notorious, Open, Exclusive
C.A.N.O.E

license

Personal, non-assignable authorization to enter and perform certain acts on another's land.

encroachment

The projection of a structure onto the land of an adjoining owner. A structure or natural object that unlawfully extends into another's property.

spot survey

shows the location of all improvements located on a property and whether they extend over the lot or building lines

riparian rights

The right of a landowner with regard to a stream crossing or adjoining his or her property. refers to rivers, streams, and similar waterways.

littoral rights

owners with littoral rights enjoy unrestricted use of available waters, refers to naviagable lakes, seas and oceans

accretion

A gradual addition to land from natural causes; for example, from gradual action of ocean or river waters.

alluvion/alluvium

Soil that has been deposited by accretion on the shore of a river or body of water and that increases the real property.

avulsion

the sudden removal of soil by an act of nature

estate(tenancy) for years

is a leasehold estate that continues for a definite period of time, may be years, months, weeks or days.

tacking

In adverse possession, this process allows consecutive periods of adverse possession by multiple adverse possessors to be added together to make up the required number of years.

periodic estate or estate(tenancy) from period to period

an interest in leased property that continues from period to period, week to week, month to month, or year to year.

holdover tenancy

an estate from period to period can be created when a tenant with an estate for years remains in possession, or holds over, after the lease term expires.

estate(tenancy) at will

A lease which requires little or no notice of termination. It is used in special circumstances wherein both the lessor and lessee agree that the lease can be terminated by either party. It is of uncertain duration.

estate (tenancy) at sufferance

The lease has expired and the lessee is now possessing the property illegally, having been given proper notice to vacate. It is similar to trespassing except that the lessee, at one time, held a legal ease.

lease

A contract for a less-than-freehold estate or right in real property. Rent is paid for the right of possession in someone else's property.

landlord

lessor ( owner of the real estate)

tenant

lessee

PA tenant law (tenant/landlord)

for the first year of tenancy, the maximum amount of the security deposit cannot exceed the sum equivalent to two months' rent

confession of judgement clause

the tenant authorizes an attorney of record to appear in court in the tenant's name and confess judgement in favor of the landlord. (give up rights)

PA memorandum of lease

a memorandum of lease gives notice of the interest but does not disclose the terms of the lease to the public. Only the names of the parties and a description of the property are included.

option ( for a lease)

a lease may contain a clause that grants the lessee the option or privilege of renewing or extending the lease. The lessee must give notice before a specific date of the intention to exercise the option. Sometimes with a option to buy.

gross lease

The tenant pays a set amount of rent. From this rent, the landloard is required to pay some or all operation expenses.

net lease

The tenant pays all or some of the operating expenses in addition to the rent.

percentage lease

A lease used in commercial leasing. The tenant pays a percent of the net or gross income derived from the use of the property, or the tenant may be paying a flat rate plus a stated percent of the gross or net income.

suit for possession (actual eviction)

When a tenant breaches a lease or improperly retains possession of the premises, the landlord may regain possession through a suit for possession.

constructive eviction

The tenant has the right to abandon the property, which terminates the lease, this occurs when the property is uninhabitable.

warrant of habitability

landlord warrants that the premises shall be fit for habitation, if the tenant proves that the premises are not fit for habitation, the court could rule in their favor to order a reduction in rent or cessation of rental payment.