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Property LawDonna M. Kesot, CPCU
©March 5, 2013
Relationship between owner & rest of society that includes rights
Ownership
8 Types of Ownership1. Fee Simple estate2. Life estate3. Joint tenancy4. Tenancy by the entirety5. Tenancy in common6. Community property7. Cooperative ownership8. Condominium ownership
TRUE or FALSE?TRUE or FALSE?
Possession is the exercise of custody or control
Estate for years
Tenancy at will
Periodic Tenancy
Holdover tenant
Landlord-tenant law
Governs lease interests in real property
No fixed termination date, automatically renews
Estate for definite period
Permission to occupy as landlord desires
Occupancy after expiration of lease
Match Landlord-Tenant Estates
TRUE or FALSE?TRUE or FALSE?
A license is permission to use real property for a particular purpose
Government seizure of private property, usually requiring condemnation?
Eminent domain
Match the Incorporeal interest to it’s description
Profits à Prendre
Easement
Other Incorporeal Interests
Lease Situations
Seller’s Restrictions on Land Use
Preserves value of land
Zoning, eminent domain, building codes
Possessory right to resources
Non-possessory right of way
Rental matters
Can be created by express words, by implication, or by prescription
Easement
e.g. utility, right of way (public shore rights), access
An easement generally benefits adjacent land.
Mortgagor
Trust Deed
Foreclosure
Contract of land
Mechanic’s lien
Right to contractual compensation
Mortgagee’s right in default
Rights to sell, lease. Or encumber
3 party rights to transferred land
Seller right to retain title
Match party to descriptionObjective: describe purpose & operation
A.
B.
C.
D.
E.
Select the correct relationship of parties to a Trust Deed
Trustee holds right to borrow against the land, trustor gives up use of the land for the benefit of the beneficiary
Trustee transfers the land to the trustor who manages for the beneficiary
Trustor inherits the land, trustee manages the land for the benefit of the beneficiary
Trustor transfers the land to the trustee for the benefit of the beneficiary
None of the above
Mechanic’s LienA lien, granted by law to anyone who repairs a specific piece of property that secures payment for the repairs. The contractor must show:
1. Substantial performance of the contract2. Improvement of a specific piece of property under
the contract3. Specific mention in the contract of the property to
be improved