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Florida Real Estate
Chapter 8
58
Real Estate & Planning
Not Applicable
06/05/2005

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
bylaws
Definition
condominium rules
Term
condominium
Definition
multi-unit project, individual ownership of units, undivided ownership of common areas
Term
cooperative
Definition
multi-unit project, corporate ownership of units, tenents purchase shares and receive a Proprietary Lease
Term
declaration
Definition
legal document a condominium developer must file and record in order to create a condominium under state law
Term
elective share
Definition
if your spouse dies without a will you automatically get 30% of the decedents entire estate
Term
estate for years
Definition
tenancy measeured from a start date to an end date
Term
fee simple estate
Definition
absolute and complete ownership
Term
fixtures
Definition
objects that were personal property but have been permanently attached to or made part of real property
Term
freehold estate
Definition
tenancy with no set termination date - property passed down
Term
homestead
Definition
1) a tax exemtion, 2) a tract of land limited in size, 3) a statutory condition designed to protect the interests of a spouse
Term
joint tenancy
Definition
an estate owned by more than one person
Term
land
Definition
surafce of the earth and evertything attached tio it by nature
Term
leasehold estate
Definition
tenancy under a lease arrangement for a definite numbers of years (non-freehold)
Term
life estates
Definition
individual owns property for his/her lifetime (*Owner ahs considerably fewer rights than fee simple owner)
Term
littoral rights
Definition
land abutting a LAKE (both "littoral" and "lake" start with "L")
Term
personal property
Definition
any asset that is nor real property
Term
proprietary lease
Definition
written agreement between owner-corporation and tenent-stockholder in a coop appartment
Term
real estate
Definition
land and all permanently attached improvements
Term
real property
Definition
real estate plus the legal bundle of rights
Term
remainderman
Definition
the person designated to receive an estate after a life estate ends
Term
right of survivorship
Definition
when one co-owner dies, his/her shares goes to the surviving co-owner(s), not the deceased heirs
Term
riparian rights
Definition
land abutting a RIVER (both (riparian" and "river" start with "R")
Term
tenancy at sufferance
Definition
the period of time a tenant occupies a rental property between the expiration of the original lease and before lease renegotiation
Term
tenancy at will
Definition
estate that may be terminated by either party with proper notice (non-freehold)
Term
tenancy by the entireties
Definition
estate created between and husband and wife jointly owning real property with instant and complete right of survivorship
Term
tenancy in common
Definition
ownership by two or more persons passing their interest to their heirs, not to surviving owners/tenents
Term
time-share
Definition
individual interest in a unit with a right of exclusive use for a specified period of time
Term
trade fixture
Definition
an article that is attached by a commercial tenant as a necessary part of the tenants trade or business and is personal property
Term
promulgate
Definition
to make known officially or widespread
Term
accretion
Definition
gradual building up land due to natural occurrence (tide, flood, storm, etc.)
Term
alluvion
Definition
increased land as a result of the accretion process
Term
erosion
Definition
gradual loss of land
Term
reliction
Definition
gradual receding of water that uncovers additional land
Term
chattel
Definition
personal property
Term
bundle of rights
Definition
DUPE - dispose, use, possess, exclude
Term
three components of real estate that can be sold
Definition
1 air subsurface surface 2 littoral rights Lake 3 riparian rights River
Term
a what are the floor in general property rights
Definition
1.right a disposition 2 right of use 3 right of possession 4 right of exclusion (quiet enjoyment) DUPE
Term
co-owners or concurrent owners
Definition
two or more persons own interest in real property co-owners may hold property in fee simple or as life estate or as lesser estates
Term
of what are the four unities of a joint tenancy
Definition
1 possession(tenants have same rights of undivided possession) 2 interest(equal ownership interest) 3 title(same deed) 4 time( joint tenants acquired their interests in the property at the same time) PITT
Term
size of the homestead
Definition
160 acres outside the city or up to half acre of the property if located within the city
Term
what is the protection of the homestead
Definition
homestead property is protected from forced sale for debts owing to personal loans credit card debts and so forth. However the protection does not prevent foreclosure for non nonpayment of property taxes special assessments mortgages vendors liens or construction liens secured by the homestead property
Term
tax exemption
Definition
Florida Constitution allows a tax exemption from assessed property value the current homestead tax exemption is $25,000 for all qualifying homesteads
Term
protection of the family
Definition
if a married person dies and the family homestead was titled in that deceased persons named only. By operation of law even if the will states otherwise the surviving spouse receives a life estate and the children receive a remainder estate
Term
what is exempt property
Definition
a right to property this is a category of property defined as household furniture furnishings and appliances in the descendants usual place of abode up to a net value of $10,000 plus automobiles
Term
equitable distribution
Definition
in Florida martal assets are divided equitable
Term
community property
Definition
any property acquired by either spouse during a marriage except by inheritance or gift becomes community property
Term
separate property
Definition
any property that the husband or wife owned before the marriage and property acquired by inheritance or gift
Term
bylaws
Definition
govern the administration of the condominium association
Term
survey
Definition
the survey includes a graphic description of the improvements and a plot plan identifying common elements and individual units the legal description must also be included THE PLAT
Term
conveyance
Definition
on the declaration or master deed is initially recorded developer owns all of the units and all the common elements as the individual condominium units are sold they are conveyed by individual unit deeds
Term
declaration or master deed
Definition
is the instrument on which a condominium is created the decoration describes the interest that each purchaser acquires and the rights and liabilities of the unit owners
Term
five resale disclosures for condominium resale
Definition
1declaration of condominium 2 articles of incorporation of the association 3 bylaws and rules 4 same year end financial information 5 the document "frequently asked questions and answers"
Term
Note
Definition
the contract for resale of a residential condominium unit must include a clause that states the buyer acknowledges receipt of the five resale disclosures
Term
how long does a prospective buyer of a resale condominium have to cancel the contract
Definition
three business days after the date of execution of the contract and receipt by the buyer of the condominium documents
Term
how long does the perspective buyer have to cancel the contract for a new residential unit
Definition
fifteen days within signing of the contract and a receipt of the buyer of the required documents
Term
interval ownership of a time share
Definition
interval ownership is the simple ownership and contains the same rights as any other property conveyed by deed
Term
right to use of a time share
Definition
rights granted with the right to use forms of timesharing our temporary in nature
Term
Note
Definition
the time-share act requires a developer disclosure that purchasers may cancel the contract within 10 days of contract signing our receipt of the public offering statement whichever is later
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