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Definition
land, improvements attached to the land, and the rights to use them. |
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a right or interest in things of a temporary or movable nature; anything not classed as real property - Chattel, Personalty. Ownership is transferred by a Bill of Sale. |
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Definition
Personal property that has been attached in such a way as to make it real property. The word “installed” often indicates a permanent attachment. The process of attaching may also be called annexation. The process of real property becoming personal will be described by the term “severed”, or severance. Improvements to rental property by tenants generally become fixtures, or part of the property, and remain at the end of the lease. |
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Definition
required to carry out a business, they may be removed from leased property prior to the termination of the lease. If trade fixtures are not removed prior to the termination of the lease, they become real property and pass to the landlord. Acquiring property in this way is called accession. |
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Term
Land has three physical characteristics: |
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Definition
1. nonhomogeneity - no two pieces are exactly alike 2. immobility - land cannot be moved - a person must go to the land 3. indestructibility - durability - it will always be there |
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Definition
no two pieces are exactly alike |
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Definition
land cannot be moved - a person must go to the land |
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Definition
durability - it will always be there |
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Land has four economic characteristics: |
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Definition
1. scarcity - in short supply where demand is great – (a lot in Manhattan is more valuable than a lot in upstate New York.) Scarcity is usually based on geographic considerations. 2. modification - land use and value are greatly influenced by improvements made by man to land and to surrounding parcels of land. 3. fixity - land and buildings and other improvements to land are considered fixed or permanent investments – they are not liquid assets. 4. situs - location preference, or location from an economic rather than a geographic standpoint. (This can change over time as people change.) |
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Definition
in short supply where demand is great – (a lot in Manhattan is more valuable than a lot in upstate New York.) Scarcity is usually based on geographic considerations. |
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Term
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Definition
land use and value are greatly influenced by improvements made by man to land and to surrounding parcels of land. |
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Term
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Definition
land and buildings and other improvements to land are considered fixed or permanent investments – they are not liquid assets. |
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Term
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Definition
location preference, or location from an economic rather than a geographic standpoint. (This can change over time as people change.) |
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Term
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Definition
terminal points and angles, always has a p.o.b. (point of beginning) This method uses compass directions, degrees, and minutes. The point of beginning is also the end, so that the land described is completely defined. This description might include the use of street names. This is the oldest and most common method of land description and was used in the thirteen original colonies. |
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Lot, block, and subdivision |
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Definition
recorded map - or plat - this is the most common description in residential listing agreements. |
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Definition
permanent surveyors markers – a property is described as being a certain distance and direction from the marker. Monuments are rarely used alone to describe property. Monuments are often the starting point for a metes and bounds description, and can be essential to the accuracy of that description. Monuments can be man-made - an iron pipe, or natural - a stand of timber, an old oak tree, etc. |
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Rectangular Survey System |
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Definition
also know as the Government Survey System, it takes into consideration base lines, and meridians, townships and sections. Townships and Sections are located in Ranges. One township contains 36 sections. Each section contains 640 acres, which is 1 square mile. Each acre contains 43,560 square feet. This system is not used in the thirteen original colonies |
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Rectangular Survey System |
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Definition
Example: S7 T3 R2 means Section 7 Township 3 Range 2. |
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Term
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Definition
A street address is not a legal description. A plat is a map of a town, section or subdivision. A plot is a map or layout of improvements on a property site. The property site is also called a lot or parcel. |
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LEGAL DESCRIPTIONS:Physical Descriptions |
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Definition
Physical descriptions of property specify land and building size, and types of construction. |
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LEGAL DESCRIPTIONS:Physical Descriptions |
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Definition
Land and building area are measured by square feet, acres, square miles, townships, sections, ranges, rods, chains and links. • Construction types include onsite construction and offsite construction consisting of manufactured, modular and prefabricated buildings. Materials include brick, stone, wood manmade siding and stucco. |
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Term
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Definition
An encumbrance is a limitation on your rights. It may also be a cloud on the title. Examples include liens, reservations, encroachments, leases, easements, deed restrictions, licenses and adverse possession. The legal method of removing an encumbrance is to release it, or get a release. |
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Definition
a charge against property as security for a debt. |
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Term
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Definition
is created by the lienee’s or borrower’s actions, like taking out a mortgage or home improvement loan |
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Term
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Definition
Filing or recording the mortgage creates a lien. A mortgage is not effective or enforceable until it is recorded. When the mortgage is recorded, if it is the first recorded claim, it will be the first priority lien. |
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Term
involuntary lien/statutory lien |
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Definition
is created by law and can be statutory or equitable. (NOTE: Statutory law always takes precedence over common law.) |
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Examples of statutory liens |
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Definition
Examples of statutory liens include federal tax liens, ad valorem (according to value) tax liens, judgment liens, and mechanics and materialmens’ (m&m) liens. (Note: An m&m lien can be placed on a property when materials have been delivered or work has begun.) Equitable liens come from common law and include seller (vendor) or buyer (vendee) liens. |
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Term
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Definition
If a party wins a judgment and is unable to collect, he can secure a ----------- from the courts to enforce payment. |
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Term
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Definition
withholds title to a part of the land described in the deed. (Example: an easement or mineral rights) It is imposed by the Grantor. |
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Term
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Definition
When a structure or improvement overlaps onto another’s property it is an -----------. ----------- must be disclosed. The determination of an -------- requires a survey. Note: A listing agent discloses a(n)-----------, a buyer’s agent recommends a survey. |
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Term
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Definition
allows limited use or enjoyment of another’s land. It is a right in land and should be created in writing and recorded. |
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Term
How can easements be created? |
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Definition
created by express (written or verbal) or implied (by actions or evidence) grant, agreement, reservation, limitation or prescription, necessity, or condemnation. The government will take these by condemnation for itself, the utilities or the railroads. These can be terminated by merger (acquiring the adjacent property), release, or abandonment. |
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Term
Dominant and Servient Estates |
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Definition
If you have two parcels of land with a road across one parcel, the owner who crosses over the other’s land is dominant. The dominant estate would be landlocked without the easement, in most cases. The property with the road is servient to the dominant estate. The dominant estate benefits from the easement, while the servient estate is encumbered. The most common reason for this type of easement is entry and exit from the property. This easement is called an Easement Appurtenant. It goes with the land, and whoever owns the land owns the easement. |
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Term
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Definition
An ------- belongs to a person or corporation - such as a utility easement. No matter who owns the land, the easement still belongs to the utility company. It does not go with the land. |
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Term
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Definition
is permission to do a particular act upon the land or property of another. A theater ticket or sports event ticket is this. It grants use of one seat for one performance. This is similar to an easement but of much more limited duration. It is not a right in land. It is often given verbally and easily revoked. |
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Adverse Possession (squatter’s rights) |
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Definition
occurs when property is acquired from the rightful owner through the Statute Of Limitations. Occupancy must be hostile, visible, actual, continuous, and distinct for the statutory period. This differs from state to state, and can be a minimum of 3 years and a maximum of 25 years depending on circumstances and state. It is 10 years in Texas. |
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Term
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Definition
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Term
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Definition
is an interest in real property. |
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Term
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Definition
is ownership. All the legal rights that attach to the ownership of real property including but not limited to the right to sell, lease, encumber, use, enjoy, exclude,will to heirs, etc. are called the Bundle of Rights. Ownership with the greatest bundle of rights - the best type of ownership - is called Fee Simple or Fee Simple Absolute - the owner has all the available rights to the property and can always pass it to his heirs.is of indeterminate length (it has no termination date), as opposed to a non-freehold estate (lease-hold) which has a termination date. |
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Term
Defeasible Fee or Conditional Fee |
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Definition
ownership with conditions or terms which if violated could cause the ownership interest to be defeated or terminated. This is also called qualified fee or even qualified ------- fee. |
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Term
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Definition
If this is set up so that at the end of the life estate the property goes back to the original owner, this is called a ------- with reversion. |
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Term
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Definition
estate in severalty or sole ownership. tenancy in common(joint ownership) joint tenancy...trust.syndicate.Tenancy by the Entirety.... |
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Term
Characteristics of general partnerships |
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Definition
In a general partnership, all partners share responsibility and liability. In a limited partnership, limited partners have limited liability and usually are not involved in the day-to-day operation of the partnership. |
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Term
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Definition
Ownership by two or more without rights of survivorship |
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Term
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Definition
Ownership by two or more with rights of survivorship |
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Term
To prevent any accidental cases of joint tenancy, there are four unities required for this type of ownership |
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Definition
time, title, interest and possession |
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Term
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Definition
procedure to divide the cotenant’s interests in real property...It can be a court or voluntary action. It would divide the property into pieces and end the joint tenancy. |
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Term
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Definition
If a property is held by one party for the benefit of another then the property is held in |
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Term
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Definition
When two or more parties join together to create and operate a real estate investment we call this a(n) |
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Term
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Definition
a specific type of joint tenancy where the co-owners are husband and wife. One advantage of this type of ownership is that it avoids probate. (This is also true of joint tenancy.) |
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Term
There are four leasehold estates and each gives possession without ownership. |
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Definition
estate for years, periodic tenancy, estate at will, tenancy at sufferance |
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Term
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Definition
a lease with a specific starting and ending date. This lease survives death and/or the sale of the property. No notice is required to terminate. |
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Term
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Definition
a lease with a fixed period that is automatically renewed unless the tenant or landlord acts to terminate it. A month - to - month lease is this type. Notice to terminate is usually required. Typically 30 days notice is required to terminate. |
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Term
estate at will or tenancy at will |
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Definition
a lease that can be terminated by either party at will without notice. |
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Term
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Definition
occurs when a lease expires and the tenant refuses to move out. The landlord is not receiving rent. This holdover tenant has no right to be there. If the holdover tenant pays rent and the landlord accepts that rent, a holdover tenancy is created. |
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Term
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Definition
is an estate created by law. |
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Term
Examples of statutory estate. |
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Definition
is one created by law. Homestead. |
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Term
four types of GOVERNMENT RESTRICTIONS - GOVERNMENTAL RIGHTS IN LAND (PETE) |
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Definition
Police Power, Eminent Domain, Taxation, Escheat |
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Term
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Definition
Power given to a municipality to regulate and control the character and use of property for the health, safety and general welfare of the public. These provides the government with the right to establish building codes. Specific construction requirements are set by building codes. (plumbing, electrical, etc.) |
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Term
Examples of police power. |
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Definition
Zoning is the most common example of police power. Zoning regulations are local laws to control land use. Zoning can include master planning. A master plan is a comprehensive guideline for the long-term physical development of a particular area. Mixed land use is designed to meet the needs of future residents. Master planning is a process and zoning can be used to implement the plan. A change in zoning may result in a non-conforming use. This use was permissible under former rules, but new rules prohibit it. A non-conforming use is allowed to continue as it is considered grandfathered. The non-conforming use is automatic, no hearing or application process is required. A non-conforming use cannot be altered or expanded without permission, but it can be sold to a party who wishes to continue the existing use. If the property is destroyed, the non-conforming use may not be rebuilt without permission. Example of non-conforming use – 6-unit apartment building in a neighborhood zoned R-1(residential-1 family). (Note – there is no violation of zoning here.) If your property violates zoning you may request a variance. A variance may also be requested prior to construction. Adding on to the front of a building would usually require a variance. The process to obtain a variance is to apply to the zoning committee. A hearing will be scheduled and all neighborhood property owners will be invited to the hearing to voice any objections they might have to the variance. A buffer zone is an area of land separating one land use from another, such as residential from commercial. The buffer zone is located between incompatible uses. The buffer zone is a transitional use. Example: single family, apartments, retail. The apartments are the buffer zone. |
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Definition
The right of the government to take private property for public use through the action of condemnation. This is the only time the government must compensate property owners. (No compensation for down-zoning). |
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Term
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Definition
When an individual forces the government to buy his property |
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Term
Taxation as a governmental restriction on a property |
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Definition
Property taxes are the highest priority lien on real property. Property taxes are “ad valorem” taxes, or according to value. Unpaid taxes create an automatic lien on property. At foreclosure, property taxes are always paid first.
Tax rates are often expressed as dollars per hundred dollar of valuation. In that case a tax rate of $2.50 means the property owner will pay $2.50 of tax for every $100 of taxable value. In some cases a mill rate is used. This is a tax rate per thousand. Therefore, a rate of 25 mills means the property owner will pay $25 dollars of tax for every $1000 of taxable value.
Some states have a property sales tax usually paid by the seller of real property at closing. It can be called a transfer tax or a deed tax. It can be expressed as mills or as a rate per hundred.
If the local government is providing a benefit to a limited number of property owners – such as curbs or sidewalks in a neighborhood, a special assessment tax may be levied against only those property owners who benefit from the improvement. In a real estate sale with an unpaid balance on a special assessment, the special assessment is usually paid by the seller, but could be prorated at closing.
If property is located in a municipal improvement district, the property owner will receive a tax bill, similar to a special assessment, until the improvement is paid for, or the improvement district designation is removed. In other words, this can be temporary or permanent.
Local governments use property taxes to cover their expenses because real property is an asset that cannot be hidden. |
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Term
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Definition
is the value of your property for tax purposes. The tax rate times the assessed value will tell you the yearly taxes. Lists of assessed values for all the properties in a taxing district are found in the assessment rolls. These can be used for comparison purposes. |
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Term
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Definition
Property reverts to the state when someone dies leaving no will and no heirs or no kindred. Escheat can also be used if property is abandoned. The purpose of escheat is to ensure that no land remains unowned. |
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Term
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Definition
refer to the right to use water from a river or stream that borders property.The water may be used for domestic purposes, and may not be contaminated. rights are transferred by deed, or conveyance. The state might refuse to grant riparian rights to a landowner if there is a scarcity of water. |
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Definition
refer to the same right for large navigable lakes or oceans. The water may be used for domestic purposes, and may not be contaminated. rights are transferred by deed, or conveyance. |
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Term
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Definition
For non-navigable water, landowners may own to the middle of the body of water. For navigable water, landowners own to the vegetation line. Building piers will not extend your property line. The state owns all navigable water. Generally, all water in rivers, creeks or streams belongs to the state |
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Term
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Definition
a theory of water law based on the idea that “first in time is first in right.” The first landowner to claim riparian rights has the exclusive right to take all the water for specific beneficial uses. Subsequent owners of nearby properties cannot claim water rights. |
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Term
Terms referring to water rights |
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Definition
riparian, littoral and appropriative |
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Term
Types of PRIVATE CONTROL OF LAND |
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Definition
C,C&R’s -deed covenants, conditions and restrictions. C,C&R’s are commonly referred to as Deed Restrictions, or Deed Covenants. HOA (Home Owner Association) regulations are like deed restrictions but usually apply to condominium complexes. |
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Term
HOA (Home Owner Association) regulations |
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Definition
like deed restrictions but usually apply to condominium complexes. |
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Term
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Definition
imposed to control land use, development and methods and materials for construction. Style and appearance requirements can also be enforced.(garages facing the rear of the property etc.) They are found in a recorded document called a Declaration of Restrictions. They are imposed by the Grantor. Violation can result in civil court action brought by other property owners who are bound by the same deed restrictions. The court will issue an injunction to enforce the restrictions. In some cases, deed restrictions and zoning can both exist. If this is true, whichever is most restrictive or limiting must be obeyed. Deed restrictions are permanent in most cases and do not expire. They control present and future owners and tenants. |
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Term
Declaration of Restrictions. |
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Definition
Where you can find deed restrictions |
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Term
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Definition
enforces deed restrictions. |
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Term
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Definition
is considered to be the price a willing seller will sell for, and the price a willing buyer will pay, when neither is acting under exceptional pressure.defined as the most probable price. |
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Term
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Definition
an estimate of the future benefits to be derived from the property. |
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Term
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Definition
generally what one must pay for a property |
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Term
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Definition
an estimate of past expenditures. |
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Term
There are four basic characteristics of value: |
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Definition
(DUST) Demand – there must be a demand for the item and purchasing power to acquire it ŠŠ Utility – the item must be needed or wanted ŠŠ Scarcity – there must be a limited supply ŠŠ Transferability – the item must be able to be sold – ownership rights must be transferable |
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Term
CMA – Comparative Market Analysis |
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Definition
a tool used by licensees to help sellers determine a realistic price for their property – this compares a subject property to current listings, recent sales, and even expired listings of unsold properties. The information from expired listings is the least important part of it. The result of this is a range of value for a property rather than an exact price. It is not an appraisal. |
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Term
A BOV or a Broker’s Opinion of Value also called the Brokers Price Opinion (BPO) |
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Definition
similar to a CMA but used by a relocation firm, or commissioned by a bank or an attorney handling a divorce or estate problem. The broker is usually paid for the BOV as opposed to the CMA, which is usually offered for free. |
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Term
There are three basic approaches to appraisal: |
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Definition
market data or sales comparison, income or capitalization method, and replacement or reproduction cost approach. |
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Term
market data approach to appraisal |
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Definition
used primarily in residential appraisals. It involves comparisons with known sales in the same area. An appraiser should have 3-5 sales no more than six months old. In using this approach, the appraiser will add to the value of comparables when the subject property has more amenities, and deduct from the comparables when the subject property has less In choosing comparables, the best choice will be the one with the least number of adjustments, regardless of cost.
Example: An appraiser has been asked to determine the market value of a residential property. The house is two years old and has a $1500 porch. The only available comparable is brand new and does not have a porch. It has been determined that being new adds $2000.00 to the value. The comparable is valued at $169,500. |
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income approach to appraisal |
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Definition
The income approach is used for income producing properties. The conversion of an income stream into an indication of value is known as capitalization.
Chapter 3 Valuation and Market Analysis 15 Copyright© 2013 Champions School of Real Estate™ net annual income cap rate/rate of return | market value Generally, if a property has rent, then use the income approach. The capitalization rate, or rate of return, and market value have an inverse relationship. An increase in one results in a decrease in the other. So, when rates of return are high, a small investment gives a good return, but when rates are low, a larger investment is needed to get a good return. There are two simple backup procedures (they give the appraiser a starting point, rather than a result) to the income approach: a. The first is used for residential properties and is called the Gross Rent Multiplier, or GRM. The GRM is a factor based on location and rent – a price per rent. This number, when multiplied by the monthly rent gives an estimate of value for the property. (GRM x rent = price) For example, if the GRM is 150 and monthly rent on a single-family house is $1,000.00 then the value of the house is 150 x $1,000 = $150,000. A GRM is calculated by taking the property value and dividing it by monthly rent. (Price / rent = GRM) If a property in a neighborhood is valued at $175,000 and charges $1,000 in monthly rent, then the GRM on that property is $175,000 divided by $1,000 = 175. b. The other backup is referred to as a Gross Income Multiplier or GIM and is used for commercial properties. The GIM is based on the annual rent for the property. It works exactly like the GRM. |
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Term
cost approach to appraisal |
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Definition
used for unique properties, such as churches or government buildings. It is also used when there are no comparables for a particular property. Land Value + Building Reproduction Cost – Depreciation = Value or Land Value + Building Replacement Cost - Depreciation = Value Reproduction cost would be the cost to exactly duplicate a building. Replacement cost is the cost to build a building of similar size and usefulness using today’s methods and materials. When using the cost approach, the appraiser uses the market data approach to place a value on the land, because the value of the land is heavily dependent on location. The cost approach is most accurate for new construction. |
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Term
three types of depreciation in the cost approach |
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Definition
physical deterioration, functional obsolescence and economic or external obsolescence. |
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Term
Physical deterioration(depreciation) |
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Definition
ordinary wear and tear. It is curable. This has the least impact on the appraisal because all buildings have it. (chipped paint, worn flooring) |
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Term
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Definition
brought about by factors in the property. It is often or mostly curable. (inferior materials to cut costs, curb appeal, not enough baths/bedrooms) |
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Term
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Definition
a loss of value due to outside factors. This is also called external obsolescence. It is incurable. (zoning, air pollution, noise, traffic, jobs, etc.) It is also called environmental obsolescence. |
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Term
principles of value include: |
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Definition
Highest and Best Use, Principle of Substitution, Principle of Conformity, Principle of Increasing and Decreasing Returns, Principle of Contribution, The Principle of Regression, The Principle of Competition, The Principle of Change, The Principle of Anticipation |
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Term
principles of value Highest and Best Use |
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Definition
the legal use that gives the greatest return in money and/or amenities. (example: commercial parking is more valuable than residential parking) |
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Term
principles of value: Principle of Substitution |
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Definition
Sets an upper limit on price. No person is justified in paying more for a property when a similar substitute property can be purchased for less money, with similar risks and yield. |
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Term
principles of value:Principle of Conformity |
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Definition
States that maximum value is found when there is a reasonable degree of similarity or sameness. Properties in the same neighborhood tend to conform in price. |
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Term
principles of value: Principle of Increasing and Decreasing Returns |
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Definition
Invest in property whenever each dollar invested will return a dollar or more of increased value and stop when each dollar invested returns less than a dollar in value. Do not over-improve a property. |
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Term
principles of value:Principle of Contribution |
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Definition
the value of a part is determined by its contribution to the total value of the property rather than by its’ cost. |
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Term
principles of value: The Principle of Regression |
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Definition
the presence of lower valued properties in the neighborhood leads to a decline in the value of your property. Conversely, the presence of higher valued properties will increase the value of your property and this is called progression. |
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Term
principles of value: The Principle of Competition |
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Definition
an increase in competition will result in decreased profits for current providers. The more competition, the lower the price. |
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Term
principles of value: The Principle of Change |
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Definition
Change is constant and is reflected in values. Appraisers must make adjustments for changes in market conditions, and for time. An appraisal is only considered to be good for six months. |
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Term
principles of value: The Principle of Anticipation |
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Definition
purchase price is affected by the expectation of future appeal and benefits. |
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Term
In addition to the principles of value an appraiser must be aware of the other factors that can affect value including |
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Definition
market cycles, political actions, economic forces, physical or environmental forces and sociological forces. |
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Term
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Definition
Combining several parcels of land into one The result is usually increased usability and value of land. |
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Term
Differences in between asemblage and plottage use |
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Definition
Although assemblage and plottage mean the same thing, assemblage is more often used to describe the action while plottage is used to describe the increased usability and price. |
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Term
The steps in the appraisal process are: |
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Definition
1. State the purpose of the appraisal. 2. Collect and verify information about the property. 3. Estimate value using all three approaches, or as many approaches as needed to get the best result.4. Reconcile the estimates by determining weighted averages. This step is necessary because the third step will result in up to three different values. Reconciliation completes the process of determining an exact number rather than a range of value. 5. Prepare the report. It may be oral, in a letter, on a form, or a narrative report.
Notably, Although there is no USPAP (Uniform Standards of Professional Appraisal Practice) requirement for the use of a particular form for an appraisal, lenders will require the Fannie Mae appraisal form if the purpose of the appraisal is to secure residential financing. |
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Term
Differences in between chronological and effective age |
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Definition
Chronological age is the age of the property in years. Effective age tells the condition of the property. |
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Term
Square footage(appraisal) |
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Definition
appraisers measure the exterior walls, and never include unfinished space. Price per square foot is the property sale price divided by the square footage. |
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Term
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Definition
the total area of a building measured from the exterior walls excluding uncovered areas such as patios and courtyards. The area under the roof, including unfinished spaces such as the attic and garages. |
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Term
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Definition
the amount of space required between the lot line and the building line. The setback can be determined by zoning or deed restrictions. |
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Term
Straight line method(appraisal) |
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Definition
a method of depreciation of equal annual installment amounts. For example: $100,000 depreciated over 10 years would be $10,000 per year. Using this method, you can calculate the depreciation of a property (depreciation is gone), or the depreciated value of a property (depreciated value remains after depreciation is deducted). |
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Term
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Definition
Member, Appraisal Institute |
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Term
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Definition
a pledge of real property as security for a promissory note. The action of pledging real property as security for a debt is called hypothecation. The mortgagor borrows the money and gives the mortgage as a pledge to the lender. The lender is called the mortgagee. The mortgage is recorded, creating the lien. |
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