8. Property Rights: Estates and tenancies, Condos, Cooperative and Timesharing / FL RE pre-license

RE specializations

- knowledge of property transfer
- knowledge of market conditions
- knowledge of how to market real estate

The term real estate includes all except:

Fructus industrial

The system of ownership of real property in US is:

Allodial

Which BET describes a fixture?

It was one time movable

Real property can be converted into personal property by:

Severance

Which would NOT be an appurtenance?

A potted plant

Extreme wind and 15 foot waves washed away half of the water frontage og John's bay front property. This violent tearing away of the soil is know as

Avulsion

A river has deposited soil that had been carried downstream. The buildup soil on the bank is called:

accretion

Joint tenancy:

Needs the four unities to be created

Which is NOR an economic characteristic if real estate:

Indestructibility

Joan and Suzie were co-owners in a property. They took tittle at the same time, had equal interest, had the same deed, and had and undivided interest. Joan dies. What will happen to the property now?

the property is owned by Suzie in severalty.

The right of an owner to own to the average high water mark is:

Littoral

Which is not a test for determining if something is a fixture?

Situs

Joe rents a building where he has and ice cream store. He wants to put in an ice cream freezer that will hold 28 varieties of ice cream. He will need to affix the freezer in order to obtain water and electricity to power the freezer. Can he do this?

Yes, He is an commercial tenant and this is a trade fixture.

The bundle of rights includes all EXEPT

The right to abandon

What is the highest and best ownership?

Fee Simple

The ownership presumed by law unless otherwise stated is

Tenancy in common

How many days does a buyer have to cancel a purchase contract of a cooperative?

15

A property owner awns a condominium. Her interest in the common grounds around her unit are owned by her in what manner?

Tenants in common

Trees and perennial bushes are considered to be:

Fructus naturales

Tom and Elaine are married couple. They own a house together. Will they still own the house together if they get a divorce?

Yes, but they will own the house as tenants in common

The purpose of _________ is to give statutory recognition to the cooperative form of ownership of real property. It shall not be construed as repealing or amending any law in effect, except any law in conflict herewith, and any such conflicting laws shall

Florida Cooperative Act

The purpose of the ____is to give statutory recognition to the condominium from of ownership of real property, and to establish procedures for the creation, sale and operation of condominiums.

Florida Condominium Act

Three of the purposes of the _____ are to: (1) Give statutory recognition to real property timeshare plans and personal property timeshare plans in this state. (2) Establish procedures to the creation, sale, exchange, promotion, and operation of timeshare

The Florida Vacation Plan and Timesharing Act

If the disclosure summary for a homeowner's association is not provided to the buyer prior to signing the contract for sale, the status of the contract is:

Voidable at the buyer's option prior to closing

The Homeowner's Association disclosure summary language should be:

Contained in the purchase and sale agreement in conspicuous type

There are three physical characteristics of land:

1. IMMOBILITY: real estate cannot be moved from place to place.
2. INDESTRUCTIBLE: real estate cannot be destroyed; it is permanent.
3. NONHOMOGENEOUS: no two pieces of real estate are the same; each has its own characteristic

There are five economic characteristics of real estate. The acronym is D.U.S.T.S.

1. Demand: How much do people want this piece of property in this location, price, school district, etc.?
2. Utility or Usefulness: How useful is it? The real estate has certain characteristics that are useful or appropriate to certain buyers such as a th

Water rights include:

RIPARIAN: river / streams (water is moving)
- navigable OWNS to Water edge
- non navigable OWNT to Center of the stream, midpoint
LITORAL: Oceans, Seas, Lakes (water is NOT moving)
- navigable, there fore PUBLIC PROPERTY, ovned by state. Owner enjoy liter

Accretion:

is the increase of land created by deposits of soil by the natural action of water.

Erosion

is the decrease of land by the gradual wearing away that is caused by flowing water.

Avulsion

is the "sudden" loss of land by an act of nature such a hurricane or typhoon (like the loss of beach).

Reliction

is an increase in land due to the receding of water (such as the increase of land at the Great Salt Lake).

Alluvial plain:

is the delta area where the soil deposits from the river. The soil deposited is called Alluvio

CROPS: Emblements or fructus industriales are

Annual crops such as wheat, corn and vegetables. Require cultivation. Considered personal property

Fructus naturales

Trees, perennial, bushes, considered real property. DO not require cultivation Real property

Annexation:

change PERSONAL property to REAL property.
An example of this is when a tree is planted; the tree is annexed to the property so it becomes part of the real property

Severance:

changes the REAL property to PERSONA property. An example of this is when the tree is cut down and cut into firewood. The logs from the tree are considered personal property

Fixture

is defined as something that once was personal property but has been affixed or installed to real property. Therefore it becomes real property.
When an item (personal property) becomes "affixed" or attached to real property, the personal property becomes

Appurtenance

is a right, privilege, or improvement that belongs to and passes with the transfer of property.

ESTATE in LAND

Is degree and quality of ownership one hold the land.
History: feudal / allodial
ESTATE = STATUS

There are TWO Types of estates

FREEHOLD = ownership, this term indicates ownership, and an indefinite period of time OR
LEASEHOLD= rent, this term indicates renting or leasing for a fixed term

Free hold interest (types)

- FEE simple ABSOLUTE
- Fee simple DEFESABLE

Freehold estate

- Fee simple estate
- Life estate

Fee simple estate

- fee simple Absolute
- fee simple Defeasible

Fee Simple Absolute

Nor conditioned by stipulated or restricted users.
This form of ownership is always clearly stated on the transfer papers (the deed) to the property. It can be called any or all of the three words, but it means the HIGHEST and BEST form of ownership.
It m

P.E.T.E

stands for the government limitations on private ownership. It stands for p
Police Power
Eminent domain
Taxation
Escheat.

Fee simple defeasible

- Determinable:
deed have limitations, if restriction violated, estate automatically revert to the grantor or heirs
- Condition Subsequent:
if violated, previous owner may reposes the property But reversion is not automatic, the grantor must re-take posse

FREEHOLD: Fee Simple Defeasible

This is sometimes called a "conditional fee" because it is based on an occurrence or a non-occurrence of a specified event. It states that it is an estate "on the condition that..." and an estate that provides the "right to re-enter..."
Example: I will se

LIFE ESTATE

type of Freehold all rights except inherit.
Life estate - freehold - based on person LIFE, upon death two situations:
1. estate in REVERSION: return to grantor
2.estate in REMAINDER: grantor name 3rd party REMAINDERMANN, to which property passes.

An Estate in REVESION

The grantor (owner of the estate) gives his interest to another party called a life tenant. The life tenant is the person, upon whose life the property relies. At the death of the life tenant, the property goes back to the grantor or his heirs. In other w

An Estate in REMAINDER

The grantor (original owner) gives a life tenant possession of the property during the lifetime of the life tenant. The grantor names a third party (called the Remainderman) at the time the property possession is given. At the death of the life tenant, th

Homestead

is a legal life estate created under Florida law. Under a Homestead life estate, the homeowner's principal residence is protected from certain creditors but is not protected from property taxes or from a mortgage for purchase or cost of improvements.
The

Owner ship is held by

1. Severalty
2. Concurrent owner (co-owners)
- Tenancy in common
- Joint tenancy with the right of survivorship
- Tenancy by the entireties

Severalty

One person, also sole ownership or estate in severalty
Means to take title to real estate alone, as one person. The root the word is SEVER which means to cut off everyone else's interests. This is sometimes referred to as a "sole ownership" or an "estate

Concurrent Owners

More than one person can take title to the property at one time. This is called concurrent ownership. Tenancy in common, joint tenancy and tenancy by the entireties are all forms of concurrent ownership

Tenants in Common

- An individual interest in group ownership. It is presumed by law unless otherwise stated.
- Interests may be unequal or equal. One person can own a larger share of the property than another.
- There is an undivided interest in the property. All the owne

Joint Tenancy

called a Unity of Ownership, several things must happen before this can take place. The acronym used to help remember this is TTIP.
- Time: all owners must take title at the same time
- Title: one deed transferred property from the grantor (seller) to the

How can joint tenancy be terminated?

- One partner sells his/her interest in the property. If there are three joint tenants and one sells his interest to a fourth party, the fourth party becomes a tenant in common with the remaining two joint tenants.
- Partition Law suit: the court can diss

Tenancy by the entireties

is an ownership by marriage only- Owners must be husband and wife.
- There is a right of survivorship.
- Each has an equal and undivided interest.
- The property is inheritable by the other partner upon death

How can Tenancy by the Entireties be terminated?

- Death of either spouse-survivor becomes owner in severalty
- Divorce (parties then become tenants in common)
- Mutual agreement,to sell the property
- Foreclosure

Leasehods are

Estates less than Freehold. A tenant has to have an interest in a property in order to occupy another person's property.

Cooperative

is a different form of ownership than a condominium or residential home in that the entire property is owned by a corporation. To obtain a unit within the building, the buyer buys stock in the corporation. The stock ownership carries with it the right of

Condominium

is always a unit within a building. Condos can be the garden type or villas (single story); other times they are the townhouse type (more than one story.)
Each homeowner in a condominium owns the property in fee simple. Each is given a deed which contains

Homogeneity and heterogeneity

are concepts relating to the uniformity in a substance. A material that is homogeneous is uniform in composition or character; one that is heterogeneous is distinctly nonuniform in one of these qualities

If owning property, one has the right to:

posses, use , transfer, encumber, exclude

Tangible versus intangible property.

Real and personal property may be furthercategorized as tangible or intangible property. Tangible property is physical,visible, and material ( all types of real estate boat, car ...)Intangible property is abstract, having no physical existencein itself, o

The right to encumber

the property essentially means the right to mortgage theproperty as collateral for debt. There may be restrictions to this right, such as aspouse's right to limit the degree to which a homestead may be mortgaged

Doctrine of Prior Appropriation.

Since water is a resource necessary forsurvival, some states -- particularly those where water is scarce -- have taken thelegal position that the state owns and controls all bodies of water. Called theDoctrine of Prior Appropriation, this position require

What waterrights does an owner of a property that contains or adjoins a body of water enjoy?

whether the state controls the water�whether the water is moving�whether the water is navigable

Littoral rights.

Littoral rights concern properties abutting bodies of water thatare not moving, such as lakes and seas. Owners of properties abutting a navigable,non-moving body of water enjoy the littoral right of use, but do not own the waternor the land beneath the wa

Riparian rights

Riparian rights concern properties abutting moving water suchas streams and rivers. If a property abuts a stream or river, the owner's riparianrights are determined by whether the water is navigable or not navigable. If theproperty abuts a non-navigable s

Severance & Affxing

Severance is the conversion of real property to personal property by detaching itfrom the real estate, such as by cutting down a tree, detaching a door from a shed,or removing an antenna from a roof. Affixing, or attachment, is the act ofconverting person

An interest in real estate is ownership of any combination of the bundle of rights toreal property, including the rights to.

posses - use -transfer -encumber - exclude

Undivided interest

An undivided interest is an owner's interest in a property inwhich two or more parties share ownership.

Land in commun undesranding

air, surface, subsurface, natural attachments

Real Estate in commun understanding

land + man made attachments

Property is not only item that is owned, but also set of right enjoyed by the owner, bundle of rights

Posses - Use - Transfer - Encumber - Exclude

Real Property

ownership of real estate and the bundle of the rights

Personal Property

ownership of anything that is not th RE

Items of personal pretty are called

Chattels or Personality

Tangible property

Is physical, all RE

Intangible property

is abstract

Littoral rights

lakes and seas

Riparian rights

stream or river

Emblements

growing plants, including agricultural crops, may be rather real property or personal property. Plants and crops growing naturally with out anyone's labor = real property.
Planst requiring labor = personal property

Conversion SEVERANCE

conversion real property to personal

Conversion AFFIXING

conversion personal property to real

Interest in real estate

principally distinguishes by whether they including possesion.
If interest holder enjoy right os possession, is considered to have "Estate in land".
If does not have the right to posses, the interest is "Encumbrance"
If goverment entity = public int�r�ts

Estate in land

is an interest that include right of possession.
Estate in land is FREEHOLD or LEASEHOLD. Both estate are referred ash tenancies.

Freehold estate

duration of owners right can't be determined ( life time, generations, owner life teme...)

Leasehold

distinguished by specific duration, as represented by leaseholder's right are temporary

Freehold / FEE SIMPLE ESTATES

highest form of ownership, include complete bundle of rights, tenancy is unlimited. The see is simple interest is also called the - fee interest - owner is called fee tenant.
Two forms of fee simple estate ABSOLUTE and DEFEASIBLE

Fee Simple / ABSOLUTE

the fee simple absolute estate is a perpetual estate that is NOT CONDITIONED BY STIPULATED OR RESTRICTED USES. It may be freely passes on to heirs.

Fee Simple / DEFEASIBLE

estate is perpetual, provided the usage CONFORMS TO STATED CONDITIONS. Two types: DETERMINABLE and CONDITION SUBSEQUENT

Defeasible / DETERMINABLE

deed state usage limitations, if restriction are violated , estate automatically reverts to the grantor or heirs

Defeasible / CONDITION SUBSEQUENT

if any condition violated, the previous owner may repossess the property. However, reversion if the estate is not automatic: the grantor must re-take physical possession within a certain time frame.

LIFE ESTATE

Is a freehold estate, that is limited in DURATION TO THE LIFE of the owner or other named person. Upon death the estate passes to the ORIGINAL OWNER. The holder of a life estate is called the LIFE TENANT.

Remainder & Remainderman

If life estate names a their party to receive the title upon termination of the life estate, the party enjoys a future interest called REMAINDER.

Life estate / Reversion

If no remainder estate is established, the estate reverts to the original owner or they series. In this situation, the original owner retains a reversionary or estate.

Life estate types

Conventional and Legal

Life estate CONVENTIONAL

Is created by grant from fee simple property owner to the grantee. Following the termination of the estate, right pass to remaindermann or revers to previous owner.
Two type ORDINARY and PUR AUTRE VIE

ORDINARY life estate

ends with the death of the life estate owner and may pass back to original owners or they heirs (reversion) or to a named third party (remainder)

PUR AUTRE VIE life estate

endure the life time a third person after which property passes from the tenant holder to the original grantor (reversion) to a third party (remaindermann)
Ex: Ivonne grant life estate to Ryan, to endure over lifetime of Ivonne's husband Steve. Upon Steve

LEGAL LIFE ESTATE

crated by STATE LAW as opposed to being created by a property owners's agreement,vary form state to state. Protecting surviving family members rights upon death.
Major Forms:
1. Homestad
2. Dower and Courtesy
3. Elective share

HOMESTEAD

One's principal residence. Homestead laws protect family members against losing their homes to general creditors attempting to collect on debts.

DOWER and COURTESY

Is a wife's life estate interest in the husband's property.When the husband dies, the wife can make a claim to property. When husband dies, the wife can make a claim to portions of the dependent's property property.Courtesy is the identical right enjoyed

ELECTIVE SHARE

Is state level statute enabling a surviving spouse to make a minimum claim to the deceased spouse's real and personal property in place of the provisions for such property in the dependent's will.
Ex: If a husband's will excludes the wife from any propert

Leasehold estates

- estate for years
- estate from period to period
- estate at will
- estate as sufferance (occupy premises with out consent of landlord)

RE Ownership

- Sole ownership
- Co- ownership
- Estates in Trust
- Cooperatives
- Time - Shares

Sole Ownership

If a single party owns the fee of life estate, the ownership is TENANCY IN SEVERALTY.
Synonymous are:
- sole ownership
- ownership in severalty
- estate in severalty
When would be considered sole owner is a husbands wife, state laws may require homiest, d

Co-ownership

- tenancy in common
- joint tenancy
- tenancy by the entireties
- community property
-tenancy in partnership

Tenancy in common

also know "estate in common", is the most common form of co-ownership when the owners are not married. The defining characteristics are:
- two or more owners
- identical rights
- electable ownership shares (40%, 35%, 50%)
- no survivorship (deceased estat

Joint tenancy

Defining characteristics and requirements:
- UNITY OF OWNERSHIP: joint tenants together hold a single title to the property
- EQUAL OWNERSHIP: if four tenats each 25%, if ten each 10%
-TRANSFER OF INTEREST: joint tenant may transfer his or her interest in

Creation of joint tenancy

All owners must acquire the property at the same time, used same deed, acquire equal interest, and share in equal rights of possession, refers as "four unities:
1. UNITY OF TIME
2. UNITY OF TITLE
3. UNITY OF INTEREST
4. UNITY OF POSSESION

Tenancy by the entireties

Form of ownership reserved exclusively for husband and wife. It features:
- Survivorship
- Equal, undivided interest: each suppose owns the estate as if there was only one owner.
- No for closure for individual debts: subject for closure only for jointly

Community property

this ownership define property rights of legal spouses before, during and after their marriage,as well as after the death of either spouse

Tenancy in partnership

ownership held by business partners, as provided by the UNIFORM PARTNERSHIP ACT

Estates in trust

In estate in trust, a fee owner -- the GRANTOR or TRUSTOR -- transfer legal title to a fiduciary -- the TRUSTEE-- who holds and manages the estate for the benefit of another party, the BENEFICIARY. the trust ma be created by a dee, will or trust agreement

Living trust

Allow TRUSTOR, "during his lifetime", to convey title to a trustee for the benefit of a third party. May involve persona and reap property.

Testamentary trust

same as living trust, except that it takes effects only when truster DIES. May involve persona and reap property.

Land trust

Allow TRUSTOR to convey the fee estate to the trustee and to "name him self the beneficiary". Applies on tp REAL property. The agreement, or DEED IN TRUSTM grant the beneficiary the rights. Public records do not identify the beneficiary, he owns and enjoy

Condominiums

Is hybrid form of ownership of multi-residential or commercial properties. It combined ownership of FEE SIMPLE interest in the "AIRSPACE" within a unit with ownership of an undivided share, as a tenant a TENAT IN COMMUN, of the entire property's "common e

Cooperatives

One owns SHARES in non profit corporation or cooperative association. Along with stock, shareholder acquires a PROPRIETARY LEASE to occupy one of the apartments units.

Time shares

Ownership is fee or leasehold interest in property whose owner or tenants agree to use the property on a periodic, non overlapping basis.