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REAL ESTATE VOCAB
TEST #1
25
Real Estate & Planning
Beginner
04/26/2018

Additional Real Estate & Planning Flashcards

 


 

Cards

Term

 

 

Devise

Definition
  1. (noun)real property transferred in a will
  2. (verb) to transfer real property by will 
Term

 

 

Demise

Definition
The transfer of possession in estate to another by lease
Term

 

 

Trade Fixtures

Definition

Item of personal property that is annexed to leased property & is necessary to a trade or business.

(are removable by the tenant prior to expiration of the lease)

Term

 

 

Condemnation 

Definition

Act or process of taking private property for public use, through the government's power of Eminent Domain

AKA: Appropriation 

Term

 

Bequest 

Definition

 

A gift of personal property given in a will 

Term

 

 

Appropriation

Definition
Declaration that a structure is unfit for occupancy & must be closed or demolished
Term

 

Constructive Eviction 

Definition

 

Landlord's act ( or failure to act) that interferes with the tenant's quiet enjoyment of the property, or makes the property unfit for its intended use, to such an extent the tenant is forced to move out

Term

 

 

Garnishment

Definition

Legal process by which a creditor gains access to a debtor's personal property or funds in the hands of a third party. 

( if a debtor's wages are garnished, the employer pays part of the paycheck direct to a calendar)

Term

 

 

Fixtures

Definition
A man made attachment; an item of personal property that has been attached to or closely associated with real property in such a way that if is now legally part of the real property
Term

 

 

Habendum

 

Clause

Definition
A clause in a deed that describes the type of estate granted, known as the " to have and to hold" clause
Term

 

 

Implied Contract

Definition

 

 

A contract based on one's actions or deeds 

Term

 

Interpleader 

Definition
A court action field by someone who is holding funds that two or more people are claiming. The holder turns the funds over to the court; the court resolves the dispute & delivers the money to whoever is entitled to it 
Term

 

 

Special Agency

 

 

Broker

Definition

An agency relationship in which the principal authorizes an agent to represent him in a specific activity or transaction.

(e.g. a real estate broker acting as an agent for a seller)

Also Called: Limited Agency 

Term

 

 Beneficiary

Definition

 

One who receives a benefit, refers to the lender in a trust deed

Term

 

 

Subordination

Definition
A written agreement between lienholders on a property to change the priority of mortgages, judgments & other loans
Term

 

Due on Sale

 

 

Clause

Definition
See, Alienation Clause- Clause used in a mortgage allowing the lender to demand the full & immediate payment of the mortgage because the owner transferred ownership of the property
Term

 

 

Expressed Contract

Definition
A contract that has been put into words, either spoken or written. Only written real estate contracts are enforceable in court.
Term

 

Emblements

Definition

Farm crops that require annual cultivation, which may be removed by a tenant farmer if the owner sells land; considered to be personal property, & emblements are transferred through a bill of sale.

Also Called: Fructus Industrials

Term

 

Estoppel 

 

 

Clause

Definition
A clause in a contract stating that certain 
Term

 

Actual Eviction

Definition
Physical removal of a tenant from a leased property with the relieved if any further responsibility to pay rent
Term

 

Easement in Gross

Definition
An easement that benefits a person or company; rather than benefiting another parcel of land; can be personal or commercial
Term

 

Trustee

Definition
  1. A person appointed to manage on behalf of its benefices 
  2. An independent 3rd party that holds the trust instrument in a deed of trust for the benefit of the lender
Term

 

Encapsulation

Definition
The process of applying a sealant to asbestos containing material, which penetrates the material's surface, preventing the release of the dangerous fibers into the air
Term

 

Acknowledgement Clause

Definition

Formal declaration made before a notary public by a person signing a document.

{personal fraudulent & forged documents, such as a deed)

Term

 

Acceleration Clause

Definition
A clause in loan documents that allows the lender to call the note all due & payable if the borrower breaches the term
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