*NOT SURE: Real Estate Ownership and Leasehold Estates

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Flashcards covering key vocabulary related to joint ownership, tenancy, and leasehold estates, as discussed in the lecture.

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20 Terms

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Suit to Partition

A lawsuit to force the sale of property when co-ownership is not working, allowing each party to receive their share.

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Tenancy in Common

A form of co-ownership where each party has a separate deed to their ownership interest, allowing them to sell or transfer their share independently.

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Joint Tenancy

A form of co-ownership characterized by unity of time, title, interest, and possession (TTIP) with the right of survivorship.

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Unity of Time

All owners must take title at the same time to create a joint tenancy.

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Unity of Title

All parties must be joint tenants on one deed.

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Unity of Interest

There must be an equal ownership interest for all joint tenants.

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Unity of Possession

All parties must share undivided possession of the property.

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Right of Survivorship

The most important characteristic of joint tenancy; if a joint tenant dies, their ownership interest goes to the surviving owners.

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Tenancy by the Entireties

A form of ownership similar to joint tenancy (requires TTIP and right of survivorship), but specifically for married couples.

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Community Property

Property acquired during marriage in certain states, where spouses have equal interest in the property.

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Separate Property

Property acquired before marriage, where individual spouses retain sole ownership interest.

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Leasehold Estate

Considered the personal property of the tenant, giving them the right to be on the property for a certain time frame.

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Lessor

The giver of the lease; the landlord.

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Lessee

The receiver of the lease; the tenant.

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Demise

Transfer of rights in real estate through a lease.

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Reversion

Upon expiration of the lease, the property goes back to the lessor (landlord).

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Estate for Years

A leasehold estate with a definite beginning and ending date.

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Periodic Tenancy

A lease that continues for successive periods (e.g., month to month), typically requiring notice to terminate.

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Tenancy at Will

A leasehold estate where there is no written lease, but the tenant has permission to occupy the property.

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Tenancy at Sufferance

A leasehold estate where the tenant stays on the property without permission, requiring eviction.