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Chapter 5
Forms of Real Estate Ownership
25
Real Estate & Planning
Post-Graduate
06/09/2016

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Term
co-ownership
Definition
Individuals may co-own property as tenants in common or joint tenants.
Term
tenancy in common
Definition
Each tenant holds an undivided interest in the property. The co-owners have unity in possession even though each holds only a fractional ownership interest.
Term
unity in possession
Definition
Each owner is entitled to possession and use of the entire property. (tenancy in common)
Term
right of survivorship
Definition
Upon death of a joint tenant the deceased's interest transfers directly to the surviving joint tenant or tenants.
Term
joint tenancy
Definition
Property owner by two or more people whether married or unmarried. Includes right of survivorship.
Term
PITT - to create a joint tenancy four elements are needed.
Definition
* unity of possession
* unity of interest
* unity of time
* unity of title
Term
partition
Definition
A legal way to dissolve the relationship between co-owners of real estate when parties do not voluntarily agree to its termination.
Term
tenancy by the entirety
Definition
Special form of co-ownership used in some states that allows a spouse to inherit the other spouse's ownership interest upon death.
Term
community property
Definition
Laws are based on the idea that spouses, rather than merging into one entity are equal partners in the marriage.
Term
Separate Property
Definition
Real or personal property that was owned solely by either spouse before marriage, acquired by gift or inheritance by on spouse during the marriage, or purchased with separate funds during the marriage.
Term
community property
Definition
Real or personal property acquired by either spouse during the marriage.
Term
trust
Definition
A device by which one person transfers ownership of property to someone else to hold or manage for the benefit of a third party.
Term
REIT
Definition
Real Estate Investment Trust
Term
Living trust
Definition
Trust created by agreement during the property owner's lifetime.
Term
Testamentary Trusts
Definition
Trust established by will after the owner's death.
Term
Land Trust
Definition
The only asset is real estate.
Term
Partnership
Definition
An association of two or more persons who carry on a business for profit as co-owners.
Term
General Partnership
Definition
All the partners participate in the operation and management of the business and share full liability for business losses and obligations.
Term
Limited partnership
Definition
One or more general partners, as well as, limited partners. The business is run by the general partners and limited partners are not active and are only liable for losses to the amount they've invested.
Term
Corporation
Definition
Legal entity created under the authority of the laws of the state from which it receives its charter. Managed and operated by its board of directors who are selected by its owners, the shareholders.
Term
Limited Liability Company
Definition
Combines features of limited partnerships and corporations. Members enjoy limited liability offered by a corporate form of ownership.
Term
Condominium
Definition
Form of ownership, the owner of each unit holds a fee simple title to the unit and a specified share of the undivided interest in the remainder of the building and land.
Term
Common Elements
Definition
remainder of building and land in a condominium property (ie. pool, lobby, etc.)
Term
cooperative
Definition
A corporation holds title to the land and the building. Offers shares of stock to tenants.
Term
time-share ownership
Definition
Permits multiple purchasers to buy relatively small interests in real estate, typically resort properties.
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