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anyone with the means can acquire real estate |
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Control Possession Disposition enjoyment |
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Right to occupy in the future |
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Last for indefinite period of time to include life and fee estates and they can be inherited |
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can be inheritable owner possess entire bundle of rights |
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Based on certain limitations based upon time can be reverted back |
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Fee Simple Condition subsequent |
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subject to a condition no automatic reversion |
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are freehold measured by the persons lifetime cannot be passed on |
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usually created through deed, will or trust can use for his/her lifetime can be reverted to grantor or remainderman but must be specified |
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Life estate pur autre vie |
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only for a specific amount of time in exchange for some consideration usually rent |
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Government has the right to take property when abandoned or owner dies without a will or heirs |
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only one parcel (property tax) Mechanic's Lien Vendees Lien (sales contracts usually not recorded however, if making large earnest money deposit ) might want one |
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encumbers all real and personal property by debtor including properties owned before the liens ex. judgement liens Federal and state income taxes federal and state inheritance taxes decendents debts |
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Easement appurtenant (Run with the land) |
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must be two separate properties with different owners the owner granting the easement is the servient estate |
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Does not necessarily run with the land it is permission |
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right to take land under eminent domain |
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promise in a sales contract of how the land may be used. The most restrictive will apply |
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when attachment extends beyond legal boundaries of ownership |
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Corporations must adopt authorizing certain officers to act |
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fewest restrictions each can sell, mortgage or will inheritable |
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Cannot be inherited right of survivorship PITT required in some states. Posession interest time title |
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If consent cannot be reached to dissolve Joint Tenancy |
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Husband and wife GA does not recognize |
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Created by will after owner's death |
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Must have a minimum of 100 investors |
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Title to real property changes hands often it is called Alienation |
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Acquiring new land by wind or water etc. |
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gradual build up of land through wind and or water or both |
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The material deposited on the new land that creates this firm ground through Accretion is known as Alluvion |
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Increase in land when water recedes |
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Sudden change in land mass due to flood, hurricane, earth quake etc |
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a document used when the government conveys land to a private individual |
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Oral made in expectation of impending death Must be heard by witnesses and only for disposal of personal property |
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making changes or modifications on a will uses an instrument called a Codicil |
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-Date -Habendum clause (To have and to hold) -Reservations and exceptions |
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A Promise that the grantor does own the property and can convey it |
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witness to grantor's signature not a requirement for a valid deed but necessary in some states if the deed is to be recorded. |
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Used for correcting errors in another deed |
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evidence of ownership in public records |
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Actual knowledge is from what is heard or seen |
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