Real estate

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85 Terms

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Fee simple absolute

all possible rights

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Fee simple conditional rights

The same as fee simple absolute, but with conditions attached that can limit or restrict the ownership.

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Life estate

Ownership lasts a life time

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Allodial

A type of land ownership free from obligations to a superior authority, granting full ownership rights to the holder. No goverment

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tenacy for years

a fixed specif period of lease

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Periodic tenacy

Month to month lease, often a oral agrrement

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Tenancy at will

either side can end the lease whenenver

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Tenancy at sufference

tenat stays past the end date

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Non possesary interest

the right to use or access property without owning it. Easement

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Liens

finical claim againstt property

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Lien heirachry

Property tax, Morggate/debt priority list of claims against property

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Restrecitve convenants

Rules set by deed owners IE Hoa

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What makes realesate unique

location is unique, lots of capital

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General warranty deed

Owns everything no conflicts

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Special Warranty deed

Same as general but only to a point

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Deed of bargain and sale

Implys that the seller owns the property and has the right to sell it, but does not guarantee clear title.

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Quitclaim deed

Most basic, Least protection. Transfers whatever interest the granter has without warranties.

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Judicial/Trustee loan

A court order that a parcel is owned

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Covenant

a formal agreement or promise regarding the use of land, which may restrict or dictate certain actions by the property owner. The buyer has the ability to sue.

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Patent

Goverment gives the land for the first time

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Probate

Death of a land owner via a will(testate) or without a will (intestate)

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Condemnation

Emminent domain

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implied easement

Land should be usable and accesibleby the owner as if an easement had been explicitly granted.

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Easement by estoppel

A spoken promise can become a right.

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Easement by prescription

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Title

Shows ownership requires a collection of evidence

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Constructive notice

Title searching in public record at the county office

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Actual notice

Looking at the property, Squatters

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Metes and bound

Metes is property lines, Bounds is phyiscal boudnries like rivers. Uses compass

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Emminent domain

they take it

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Externalites

outside things, out of idmeatite controll

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Building codes

Safety standards, Fire safety, etc

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Zoning

1920’s, Districts, residential, by zone. Can be grandfathered in

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Non conforming use

Old buildings that fall out of new zoning

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Variances

Exceptions to zoning

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Setback requirments

How far a buildign willbe from limits

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Density

Refers to the number of housing units or buildings allowed per unit of land area in a given zoning district.

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Special use Distrits

Hosptials, schools etc.

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Subdivision regulations

Rules governing the division of land into smaller parcels for development or sale.

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Impact fees

Charges imposed on developers to fund public infrastructure needs created by new development.

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Inverse condemnation

A legal claim by a property owner against a government that has taken property without just compensation. This occurs when government actions result in a decrease in property value, effectively taking the property.

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Ad valoram tax

A property tax based on the assessed value of real estate, calculated as a percentage of the property's value.

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Special assessments tax

Fees levied on property owners for public improvements that directly benefit their properties, such as road construction or sewer upgrades.

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Taxable income

NOI- int-dep

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CDD’s

Community development district, Special districts use bonds to build roads then paid back through special taxes.

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Passive income or loss

Earnings from rental properties, dividends, or interest that require minimal effort to maintain. Normally only deducted against passive income

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Active income or loss

salaries, wages or fees. Trade

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Portoflio income or

intrest or divdneds. or real esate classified as capital assets

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1031 exchange

Sell a property, then reinvest the sale. No capital gains taxes

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